Data Protection Policy
1.1 The Company (sometimes referred to as “We”) takes the security and privacy of your data seriously. We need to gather and use information or ‘data’ about you as part of our business and to manage our relationship with you. We intend to comply with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. We have a duty to notify you of the information contained in this policy.
1.2 This policy applies to clients or prospective clients. If you fall into one of these categories then you are a ‘data subject’ for the purposes of this policy.
1.3 The Company has measures in place to protect the security of your data in accordance with our Data Security Policy. A copy of this can be obtained from Susan Brown the Data Protection Officer.
1.4 The Company will hold data in accordance with our Data Retention Policy. A copy of this can be obtained from Susan Brown. We will only hold data for as long as necessary for the purposes for which we collected it.
1.5 The Company is a ‘data controller’ for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data.
1.6 This policy explains how the Company will hold and process your information. It explains your rights as a data subject. It also explains your obligations when obtaining, handling, processing or storing personal data in the course of working for, or on behalf of, the Company.
1.7 It is intended that this policy is fully compliant with the 2018 Act and the GDPR. If any conflict arises between those laws and this policy, the Company intends to comply with the 2018 Act and the GDPR.
2 Data Protection Principles
2.1 Personal data must be processed in accordance with six ‘Data Protection Principles.’ It must:
- be processed fairly, lawfully and transparently;
- be collected and processed only for specified, explicit and legitimate purposes;
- be adequate, relevant and limited to what is necessary for the purposes for which it is processed;
- be accurate and kept up to date. Any inaccurate data must be deleted or rectified without delay;
- not be kept for longer than is necessary for the purposes for which it is processed; and
- be processed securely.
We are accountable for these principles and must be able to show that we are compliant.
3 How we define Personal Data
3.1 ‘Personal data’ means information which relates to a living person who can be identified from that data (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.
3.2 This policy applies to all personal data whether it is stored electronically, on paper or on other materials.
3.3 This personal data might be provided to us by you, or someone else (such as your professional team), or it could be created by us.
3.4 Personal data includes for example:
- your contact details namely:
- your email address
- your telephone numbers
- your postal address
4 Special Categories of Personal Data
4.1 Some information is regarded as special due to its sensitivity and which may need greater protection. It is not envisaged that we will hold such categories of personal data.
4.2 ‘Special categories of personal data’ are types of personal data consisting of information as to:
- your racial or ethnic origin;
- your political opinions;
- your religious or philosophical beliefs;
- your trade union membership;
- your genetic or biometric data;
- your health;
- your sex life and sexual orientation; and
- any criminal convictions and offences.
We may hold and use any of these special categories of your personal data in accordance with the law.
5 How we define processing
5.1 ‘Processing’ means any operation which is performed on personal data such as:
- collection, recording, organisation, structuring or storage;
- adaption or alteration;
- retrieval, consultation or use;
- disclosure by transmission, dissemination or otherwise making available;
- alignment or combination; and
- restriction, destruction or erasure.
This includes processing personal data which forms part of a filing system and any automated processing.
6 How will we Process and Use your Personal Data
6.1 The Company will process your personal data (including special categories of personal data) in accordance with our obligations under the 2018 Act.
6.2 We will use your personal data for:
- complying with any legal obligation;
- liaising with professional teams e.g. architects, designers etc for the proper conduct of the contract
7 When we might Process your Personal Data
7.1 We have to process your personal data in various situations:
- For the proper conduct of the contract/project
- For liaison with professional teams etc
- For any other reason which we may notify you of from time to time.
8 Sharing your Personal Data
8.1 We might share your personal data with in accordance with the contract/project requirements to carry out and perform our services for you.
8.2 We require those companies/practices to keep your personal data confidential and secure and to protect it in accordance with the law and our policies. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions.
8.3 We do not send your personal data outside the European Economic Area. If this changes you will be notified of this and the protections which are in place to protect the security of your data will be explained.
9 Subject Access Requests
9.1 Data subjects can make a ‘subject access request’ (‘SAR’) to find out the information we hold about them. This request must be made in writing.
9.2 If you would like to make a SAR in relation to your own personal data you should make this in writing to Susan Brown. We must respond within one month unless the request is complex or numerous in which case the period in which we must respond can be extended by a further two months.
9.3 There is no fee for making a SAR. However, if your request is manifestly unfounded or excessive we may charge a reasonable administrative fee or refuse to respond to your request.
10 Your Data Subject Rights
10.1 You have the right to information about what personal data we process, how and on what basis as set out in this policy.
10.2 You have the right to access your own personal data by way of a subject access request (see above).
10.3 You can correct any inaccuracies in your personal data. To do so you should contact Susan Brown.
10.4 You have the right to request that we erase your personal data where we were not entitled under the law to process it or it is no longer necessary to process it for the purpose it was collected. To do so you should contact Susan Brown.
10.5 While you are requesting that your personal data is corrected or erased or are contesting the lawfulness of our processing, you can apply for its use to be restricted while the application is made. To do so you should contact Susan Brown.
10.6 You have the right to object to data processing where we are relying on a legitimate interest to do so and you think that your rights and interests outweigh our own and you wish us to stop.
10.7 You have the right to object if we process your personal data for the purposes of direct marketing.
10.8 You have the right to receive a copy of your personal data and to transfer your personal data to another data controller. We will not charge for this and will in most cases aim to do this within one month.
10.9 With some exceptions, you have the right not to be subjected to automated decision-making.
10.10 You have the right to be notified of a data security breach concerning your personal data.
10.11 In most situations we will not rely on your consent as a lawful ground to process your data. If we do however request your consent to the processing of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent later. To withdraw your consent, you should contact Susan Brown.
10.12 You have the right to complain to the Information Commissioner. You can do this be contacting the Information Commissioner’s Office directly. Full contact details including a helpline number can be found on the Information Commissioner’s Office website (www.ico.org.uk). This website has further information on your rights and our obligations.
11 Security Policy
11.1 We will endeavour to hold records about you (on paper and electronically) in a secure way to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
11.2 Examples of security include:
i) Keeping filing cabinets locked after business hours;
ii) Having computer screens locked when not in use during the course of the day;
iii) controlling access to systems and networks so as to stop people who are not allowed to view your personal information from getting access to it;
iv) Ensuring the offices are securely locked in the evening;
v) Training staff on how to handle information and to immediately report to us if something goes wrong.
12 Retention Policy
We will retain your personal data for as long as it is necessary for the purposes for which the personal data are processed. In most cases it may be necessary to retain your data for up to 7 years to comply with any contractual or statutory or insurance purposes such as dealing with claims for alleged negligence.
When data is no longer required to be retained then it shall be deleted/securely destroyed