- We take data privacy and data security seriously. The European Union’s GDPR provides a pan-European framework to improve the rights of citizens which we support. This legislative change has offered up the opportunity to crystallise our approach into a new policy note for this company, Transform Management Consultancy.
- In this document, “we”, “our”, or “us” refer to Transform Management Cosultancy. We are a private limited company registered in England and Wales under the number 4628089. Our registered office is at Brookside Cottage, Adforton, Leintwardine, Herefordshire, SY7 0NF, UK.
- The EU Data Protection Directive (95/46/EC), implemented as the General Data Protection Regulation, or the GDPR, comes into force from May 2018. In the UK, the Data Protection Bill enshrines the law in the GDPR, making it applicable whether the UK leaves the European Union or not. The requirements under the new law are similar in extent to existing data protection law in the UK.
- This policy is based on a free template provided by https://www.netlawman.co.uk/ia/gdpr, and we are pleased to acknowledge this helpful assistance. Further guidance can be found at https://www.netlawman.co.uk/uploads/Editing Legal Document Templates.pdf and contact can be made at firstname.lastname@example.org.
- This is a notice to tell you about our policy relating to all the information that we may record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.
- We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them and will not pass into the hands of a third party.
- We undertake to preserve the confidentiality of all information that you may provide to us.
- We have made all endeavours to ensure that our policy complies with the law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR).
- The law requires us to tell you about your rights and our obligations to you with regards to the processing and control of your personal data. We do this now, by suggesting that you read the information provided at knowyourprivacyrights.org.
- Except as set out below, we do not share, or sell, or disclose to any third party, any information collected through our website.
REVIEW OF THIS POLICY
- We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.
COMPLIANCE WITH THE LAW
PART 2: THE PROCESSING OF INFORMATION
THE BASES ON WHICH WE PROCESS INFORMATION ABOUT YOU
- The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.
- If a basis on which we process your personal information is no longer relevant, then we will immediately stop processing your data.
- If the basis changes at some stage, then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information, always with your consent.
INFORMATION WE PROCESS BECAUSE WE HAVE A CONTRACTUAL OBLIGATION WITH YOU
- When you use a service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.
- In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
- We may use it in order to:
- Verify your identity for security purposes
- Provide you with our services
- Provide you with suggestions and advice on our products, services and how to get the best from using our website.
- We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
- Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.
- We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
INFORMATION WE PROCESS WITH YOUR CONSENT
- Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you with more information about our business, including job opportunities and our services, including online services, you provide your consent for us to process information that may be personal information.
- Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply, for instance were you to send us your CV or an invitation to tender for our attention.
- Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.
- If you have given us explicit permission to do so, we may from time to time pass your name and contact information to our associate consultants who may be assisting us in delivering our products and services.
- We continue to process your information on this basis until you withdraw your consent, or it can be reasonably assumed that your consent no longer exists.
- If you have filled in a website or internet-based survey in connection with one of our assignments or online services, as noted in the preamble to each survey, you are deemed to have given your consent to use the information provided to us, subject to the confidentiality undertakings relevant to that survey.
- You may withdraw your consent at any time by instructing us at email@example.com. However, if you do so, you may not be able to use our website or our services further.
INFORMATION WE PROCESS FOR THE PURPOSES OF LEGITIMATE INTERESTS
- We may process information on the basis that there is a legitimate interest, either to you or to us, of doing so.
- Where we process your information on this basis, we do after having given careful consideration to:
- Whether the same objective could be achieved through other means
- Whether processing (or not processing) might cause you harm
- Whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so.
- For example, we may process your data on this basis for the purposes of:
- Record-keeping for the proper and necessary administration of our business
- Responding to unsolicited communication from you to which we believe you would expect a response
- Protecting and asserting the legal rights of any party
- Insuring against or obtaining professional advice that is required to manage business risk
- Protecting your interests where we believe we have a duty to do so.
INFORMATION WE PROCESS BECAUSE WE HAVE A LEGAL OBLIGATION
- We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.
- For example, we may be required to give information to legal authorities if they reasonably request or if they have the proper authorisation such as a search warrant or court order.
- This may include your personal information.
INFORMATION RELATING TO YOUR METHOD OF PAYMENT
- When you pay us, normally in response to an invoice, information about your method of payment is available only to our employees and accountants / auditors on a need to know basis, and will not be shared with other employees, or associates or third parties.
AFFILIATE AND BUSINESS PARTNER INFORMATION
- This is information given to us by you in your capacity as an associate, sub-contractor or affiliate of us or as a business partner.
- It allows us to recognise visitors that you have referred to us, and to credit to you commission, if due for such referrals. It also includes information that allows us to transfer commission to you if required.
- The information is not used for any other purpose.
- We undertake to preserve the confidentiality of the information and of the terms of our relationship.
- We expect any affiliate or partner to agree to reciprocate this policy.
DISCLOSURE AND SHARING OF INFORMATION WE OBTAIN FROM THIRD PARTIES
- Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use.
- No such information is personally identifiable to you.
- To assist in combating fraud, we may share information with credit reference agencies, so far as it relates to clients or customers.
ACCESS TO YOUR PERSONAL INFORMATION
- If you are signed up to any of our e-mailing lists you may update personally identifiable information that we hold about you, by editing your preferences via the link.
- To obtain a copy of any information that is not provided on our website you may send us a request at firstname.lastname@example.org.
- After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
REMOVAL OF YOUR INFORMATION
- If you wish us to remove personally identifiable information from our website, you may contact us at email@example.com. This may limit the service we can provide to you.
VERIFICATION OF YOUR INFORMATION
- When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
RETENTION PERIOD FOR PERSONAL INFORMATION
- Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
- To provide you with the services you have requested;
- To comply with other law, including for the period demanded by our tax authorities;
- To support a claim or defence in court.
JOB APPLICATIONS AND EMPLOYMENT
- We collect personal information about you when you apply for a vacancy that we are recruiting to, either on behalf of a client or a role within our own organisation. This also applies when you send us a CV to be considered in relation to future vacancies that have not yet arisen.
- The information is provided to us on your CV or in an application form, and we have a legitimate interest in processing this data as part of the recruitment process. We would not be able to consider you for a role or contact you about the outcome of your application without this vital information.
- Because we have a legitimate interest to retain and process your data, we do not need to seek your explicit consent. The personal data you provide will be used to assess your suitability for the role(s) you have applied for. Information such as your name, telephone number and email address will only be used to contact you with the outcome of your application. Details about your career history, knowledge, skills and experience will be used to consider how well you are suited to the role(s).
- Your personal data can also be used to keep you informed of future recruitment campaigns that we may be managing. Therefore, we will keep your data for up to six years in case we want to contact you about other roles at a later date.
- If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.
CONTACT AND COMPLAINTS
SENDING A MESSAGE TO US
- When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.
- We record your request and our reply in order to increase the efficiency of our business.
- We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high-quality service.
HOW YOU CAN COMPLAIN
- If a dispute is not settled, then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
- If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office. This can be done at https://ico.org.uk/concerns/.
- When we receive a complaint, we record all the information you have given to us.
- We use that information to resolve your complaint.
- If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
- We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
- If your complaint is about our website, please note that we will attempt to moderate any user generated content on our website, but we are not always able to do so as soon as that content is published.
- If you complain about any of the content on our website, we will promptly investigate your complaint.
- If we feel it is justified or if we believe the law requires us to do so, we will remove the content while we investigate.
- Free speech is a fundamental right, so we have to make a judgement as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.
- If we think your complaint is vexatious or without any basis, we may choose not to correspond with you about it.
INFORMATION WE COLLECT WHEN YOU VISIT OUR WEBSITE
- Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.
- Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.
- Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
- To track how you use our website;
- To record whether you have seen specific messages we display on our website;
- To keep you signed in to our site;
- Analytical/performance purposes – this allows us to recognise and calculate the number of visitors and to see how visitors navigate around the website when they are using it. Therefore, helping us improve our website functionality for example, by ensuring that users can find what they are looking for easily;
- Functionality purposes – to help us recognise you when you return to our website. This allows us to personalise our content for you and remember your preferences and settings (e.g. your choice of language or region).
PERSONAL IDENTIFIERS FROM YOUR BROWSING ACTIVITY
- Requests by your web browser to our servers for web pages and other content on our website are recorded.
- We may record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
- We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.
- If combined with other information we know about you from previous visits, the data possibly could in theory be used to identify you personally, even if you are not signed in to our website.
THIRD PARTY ADVERTISING OR NOTICES ON OUR WEBSITE
- We do not currently have any third party advertisements on our website. If this changes in future, we will update this notice accordingly.
- At present, we may provide information about third party events or services, with a click through link to further information. In doing so, those parties, their agents or other companies working for them may use technology that collects information about you when you use such a link.
- We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.
USE OF SITE BY CHILDREN
- We do not sell products or provide services for purchase by children, nor do we market to children.
- If you are under 18, you may use our website only with consent from a parent or guardian.
- We collect data about all users of and visitors to these areas regardless of age, and it is possible that from time to time some of those users and visitors will be children.
- Such child users and visitors will inevitably visit other parts of the site and will be subject to whatever on-site marketing they find, wherever they visit.
ENCRYPTION OF DATA SENT BETWEEN US
- We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.
- Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.
DATA MAY BE PROCESSED OUTSIDE THE EUROPEAN UNION
- Our website is hosted in Germany. Our data server is in the UK.
- We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business.
- Accordingly, data obtained within the UK or any other country could be processed outside the European Union.
- For example, some of the software our website uses may have been developed in the United States of America or in Australia.
- We use the following safeguards with respect to data transferred outside the European Union:
- The processor is within the same corporate group as our business or organisation and abides by the same binding corporate rules regarding data processing;
- The data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority in the European Union, specifically that in the UK;
- We comply with a code of conduct approved by a supervisory authority in the European Union, specifically that in the UK;
- We are certified under an approved certification mechanism as provided for in the GDPR;
- Both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements approved by a supervisory authority in the European Union relating to protection of your information.