Our privacy notice

Our Privacy Notice has been created in line with the UK GDPR and the Data Protection Act 2018. It was last updated in August 2024

At Mencap Trust Company, we are committed to respecting your privacy and protecting your personal information. 

We promise to respect all personal information that you share with us, or we receive from other organisations. We will keep it safe. We will be clear when we collect your personal information, and let you know why we need it, and who we might share it with.

This privacy notice, together with our terms and conditions and cookies policy, will explain how and why we use your personal information, to ensure you remain informed and in control of your information.

This privacy notice is divided into different sections; please read the relevant section(s) below for further information.

Controller of personal information

We are Mencap Trust Company (registered company in England and Wales no. 01233201).

We are an independent subsidiary of the Royal Mencap Society (registered company in England and Wales number 00550457). 

Mencap Trust Company is registered as a data controller with the Information Commissioner’s Office under the Data Protection Act 2018  and our registration number is Z8460233.

Within the context of this privacy notice, ‘we’, ‘us’, ‘our’ or ‘Mencap Trust’ refers to Mencap Trust Company. 

Where we collect your personal information from

We will only collect personal data where you have contacted us directly or through a trusted intermediary such as your solicitor.

Why and how we process your personal information

If you contact us, we will collect your contact details, including your name and email address to respond to your queries the best way we can. The lawful basis for processing this personal information is legitimate interest. We will only keep this personal data for a specified period.

If you elect to be contacted with updates from us, we will keep your contact details for up to ten years, unless it has been mutually agreed that we can keep your personal data for a longer period. You are able to withdraw your consent at any time by emailing mtc@mencaptrust.org.uk. 

If you decide to set up a trust with us, we will use your personal information to create the right trust for you and refer you only to the appropriate people. This will be as part of our contract with you. Should you set up a Trust with us we will be required by trust law to retain your personal information for the trust period. 

Use of children’s data

We will only collect information for children if they are the beneficiary of a trust.

When parents set up trusts their children are often young, although it may be many years between setting up the trust and it becoming operational. 

How we keep your personal information safe and who has access to it

We keep your data in our secure server, where only members of Mencap Trust Company have access. We are required to keep certain key trust document in paper form as these documents are stored secured in our offsite archive.

When we share your personal information 

We may share your personal information with other companies (e.g. subcontractors, suppliers) who provide services on our behalf, including tax and financial advisors, legal advisors and investment managers. Information will also be shared with His Majesty’s Revenue and Customs (HMRC) in relation to registering the trust and ensuing that anti-money laundering and counter terrorism financing checks are completed as required by regulation. This will only be done as part of our contract with you. We will only provide those companies with the information they need to deliver the relevant service, and we will make sure that your data is treated with the same level of care as if were handling it directly. 

As these activities will be carried out under a contract there are strict requirements on our suppliers to keep your information confidential and secure. We undertake comprehensive checks on these companies before we work with them and then work closely with them for the duration of our working relationship. 

We will may also disclose your personal information, if required, to the police, regulatory bodies or legal advisors where we have a legal obligation to do this. We will only ever share your data in other circumstances if we have your explicit and informed consent. 

Some of our suppliers run their operations outside the European Economic Area (EEA). Although they may not be subject to the same data protection laws as companies based in the UK, we will take steps to make sure they provide an adequate level of protection in accordance with UK Data Protection laws

We will not sell or rent your personal information to third parties for any purpose. 

How long we keep your personal information for

Your legal rights

We want to ensure that you are always in control of your personal information.

Part of this is making sure that you understand your legal rights. We have outlined these, together with details as to how you can exercise them.

The right to access your personal information

You have a right to obtain confirmation that your personal information is being processed. You also have the right to request a copy of the personal information that we hold about you.

When you are requesting a copy of the personal information that we hold about you, we will endeavour to provide you with the information you have requested without delay and in any event within one month of receiving your request.

The right to edit and update your personal information

The accuracy of your personal information is important to us. You have the right to request that your personal information is rectified if it is inaccurate or incomplete.

We will endeavour to comply with your request without delay and in any event, within one month of receiving your request.

The right to request to have your personal information erased (also known as the ‘right to be forgotten’)

You do not have an automatic right to have your personal information deleted. You do, however, have the right to request the deletion or removal of your personal information where there is no compelling reason for its continued processing. We will review each request on a case by case basis.

We will endeavour to comply with your request without delay and in any event, within one month of receiving your request.

The right to restrict the processing of your personal information

You have the right to ‘block’ or suppress processing of your personal information. However, we will continue to store your personal information but not further process it. We do this by retaining just enough of your personal information so we can ensure that the restriction is respected in the future.

We will respond to your request within 21 days of receiving it, stating what we intend to do and, if we do not intend to comply with the objection, the reasons for our decision.

The right to complain to a supervisory authority if you believe we have not handled your personal information in accordance with the data protection laws

You can make a complaint or raise a concern about how we process your personal information by contacting our Data Protection Officer using the details set out below.

If you are not happy with how we have handled your complaint, or you believe that your data protection or privacy rights have been infringed, you have the right to complain to the Information Commissioner's Officer (ICO).

If you wish to exercise any of the rights outlined in this section, please write to Royal Mencap Society’s Data Protection Officer at the following address:

Data Protection Officer
Mencap, 6 Cyrus Way, Hampton, Peterborough, PE7 8HP

Or send an email to: dpo@mencap.org.uk.

If you want to make a request or make any changes to your personal data you can contact mtc@mencaptrust.org.uk or contact the Data Protection Officer at DPO@mencap.org.uk.

Updates of changes to the privacy notice

This privacy policy was last updated in August 2024.

We reserve the right to make changes to this Privacy Policy. Each time you visit this site, you should check this Privacy Policy to check that no changes have been made to any sections that are important to you. The latest version of our Privacy Policy will always be available on our website.

It there are any major changes to our Privacy Policy, we will add a notice on our website or contact you by email (where appropriate).

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