GDPR Data Protection Policy

Introduction

 

Martin Spicer Consultancy Limited is committed to protecting and respecting your privacy.

This policy, and any other documents referred to in it, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

The rules on processing of personal data are set out in the General Data Protection Regulation (the “GDPR”).

 

1. Definitions

 

Data controller - A controller determines the purposes and means of processing personal data.

Data processor - A processor is responsible for processing personal data on behalf of a controller.

Data subject – Natural person

Categories of data: Personal data and special categories of personal data

Personal data - The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example, name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.

Special categories personal data - The GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, and trade union membership, and political opinions, religious or philosophical beliefs.

Processing - means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Third party - means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

 

2. Who are we?

 

Martin Spicer Consultancy Limited is the data controller. This means we decide how your personal data is processed and for what purposes. Our contact details are: Martin Spicer Consultancy Limited, 1 Cedar Drive, Madley Park, Witney, Oxfordshire, OX28 1EJ.

For all data matters contact Martin Spicer (Director) martinspicerconsultancy@gmail.com, 01993 700701.

 

3. The purpose(s) of processing your personal data

We use your personal data for the following purposes:

Business communication in respect of the management and execution of professional surveying services and in the course of normal related business practice.

 

4. The categories of personal data concerned

With reference to the categories of personal data described in the definitions section, we process the following categories of your data:

  • Personal data: - Name, address, E-mail address and telephone numbers.
  • Bank details only when supplied to us by you to allow BACS payments for legitimate  contracts and supply orders.
  • Personal data for employees only: - Name, date of birth, NI number and tax references, previous employment and education details, address, E-mail address, telephone numbers and bank details.

 

We have obtained your personal data from information that you have supplied to us by word of mouth, telephone, e-mail or written correspondence and (where applicable) your web-site. We do not collect or hold data relating to racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.

 

5. What is our legal basis for processing your personal data?

 

a) Personal data (article 6 of GDPR)

Our lawful basis for processing your general personal data:

 

Consent of the data subject:

Processing necessary for the performance of a contract with the data subject or to  take steps to enter into a contract

 

As consent form:

As parties to specific contracts of professional engagement, building contracts and Collateral Warranty agreements. Maintenance of records for contact and bank details as may be offered to Martin Spicer Consultancy Limited by suppliers and service providers.

 

Consent of the data subject:

Processing necessary for compliance with a legal obligation

 

As consent form:

Maintenance of records to meet statutory liability requirements. Maintenance of records in order to maintain proper company accounts.

 

Consent of the data subject:

Processing necessary to protect the vital interests of a data subject or another person

 

As consent form:

N/A

 

Consent of the data subject:

Processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

 

As consent form:

N/A

 

Consent of the data subject:

Processing necessary for the purposes of the legitimate interests of the data controller or a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the data subject

 

As consent form:

Maintenance of contact details as may be offered to Martin Spicer Consultancy Limited by a data subject in the course of normal business by way of personal contact, third party referral or general advertising.  Contact and bank details as may be offered to Martin Spicer Consultancy Limited by suppliers and service providers.

 

b) Special categories of personal data (article 9 of GDPR)

Our lawful basis for processing your special categories of data

 

Explicit consent of the data subject

Processing necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement

 

As consent form

To meet our statutory or legal obligations in respect of our employment, tax and National Insurance responsibilities.

 

Explicit consent of the data subject

Processing necessary to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent

 

As consent form

N/A

 

Explicit consent of the data subject

Processing carried out by a not-for-profit body with a political, philosophical, religious or trade union aim provided that the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes); and there is no disclosure to a third party without consent

 

As consent form

N/A

 

Explicit consent of the data subject

Processing relates to personal data manifestly made public by the data subject

 

As consent form

N/A

 

Explicit consent of the data subject

Processing necessary for the establishment, exercise or defence of legal claims or where courts are acting in their judicial capacity

 

As consent form

Where professional appointments and agreements or contracts are applicable

 

Explicit consent of the data subject

Processing necessary for reasons of substantial public interest on the basis of EU or Member State law

 

As consent form

N/A

 

Explicit consent of the data subject

Processing necessary for reasons of preventative or occupational medicine, for assessing the working capacity of an employee, medical diagnosis, the provision of health or social care or treatment or management of health or social care systems and services on the basis of EU or Member State law or a contract with a health professional

 

As consent form

Employment consent form signed by employee

 

Explicit consent of the data subject

Processing necessary for the reasons of public interest in the area of public health

 

As consent form

N/A

 

Explicit consent of the data subject

Processing necessary for archiving purposes in the public interest, or scientific and historical research purposes or statistical purposes

 

As consent form

Normal company archives

 

6. Sharing your personal data

 

Your personal data will be treated as strictly confidential, and may be shared only with clients, suppliers (of both services and materials) and contractors who have legitimate association with the execution of existing and potential projects, contracts and services.

 

7. How long do we keep your personal data?

 

We keep your personal data for a period of at least 12 years following the last contact or service provision in order to comply with legal, contract and insurance provisions and in association with the maintenance of normal professional archives.

 

8. Providing us with your personal data

 

You are under no statutory or contractual requirement or obligation to provide us with your personal data. But failure to do so will have the following consequences: - we will not be able to contact you or carry out any professional or business services on your behalf.

OR - We may require your personal data if it is a statutory or contractual requirement or a requirement necessary to enter into a contract.

 

9. Your rights and your personal data

 

Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:

  • The right to request a copy of the personal data which we hold about you;
  • The right to request that we correct any personal data if it is found to be inaccurate or out of date;
  • The right to request your personal data is erased where it is no longer necessary to retain such data;
  • THE RIGHT TO WITHDRAW YOUR CONSENT TO THE PROCESSING AT ANY TIME WHERE YOUR CONSENT WAS OUR LAWFUL BASIS FOR PROCESSING THE DATA
  • The right to request that we provide you with your personal data and, where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated means);
  • The right where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
  • The right to object to the processing of personal data (where applicable i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority); direct marketing and processing for the purposes of scientific/historical research and statistics).

 

10. Transfer of data abroad

 

WE DO NOT TRANSFER PERSONAL DATA OUTSIDE THE EEA.

 

11. Automated decision making

 

WE DO NOT USE ANY FORM OF AUTOMATED DECISION MAKING IN OUR BUSINESS.

 

12. Further processing

 

If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.

 

13. Changes to our privacy policy

 

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

 

14. How to make a complaint

 

To exercise all relevant rights, queries or complaints please, in the first instance, contact our DATA PROTECTION OFFICER:   Martin Spicer (Director),  Martin Spicer Consultancy Limited,    1 Cedar Drive, Madley Park, Witney, Oxfordshire OX28 1EJ Tel. 01993 700701

e-mail. martinspicerconsultancy@gmail.com.   If this does not resolve your complaint to your satisfaction you have the right to lodge a complaint with the Information Commissioner’s Office on 0303 1231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire,

SK9 5AF, England.

 

 

 

Martin Spicer

Director

23/05/2018