WHAT IS THE PURPOSE OF THIS
DOCUMENT?
Evans Lichfield Limited is committed to
protecting the privacy and security of your personal information.
This Privacy Notice describes how we collect and
use personal information about you during and after your professional
relationship with us, in accordance with the General Data Protection Regulation
(“GDPR”).
Evans Lichfield Limited is a “data controller”.
This means that we are responsible for deciding how we hold and use personal
information about you. We are required under data protection legislation to
notify you of the information contained in this Privacy Notice.
It is important that you read this notice,
together with any other Privacy Notice we may provide on specific occasions
when we are collecting or processing personal information about you, so that
you are aware of how and why we are using such information.
DATA PROTECTION PRINCIPLES
We will comply with data protection law. This
says that the personal information we hold about you must be:
1. Used lawfully, fairly
and in a transparent way.
2. Collected only for
valid purposes that we have clearly explained to you and not used in any way
that is incompatible with those purposes.
3. Relevant to the
purposes we have told you about and limited only to those purposes.
4. Accurate and kept up
to date.
5. Kept only as long as
necessary for the purposes we have told you about.
6. Kept securely.
THE KIND OF INFORMATION WE
HOLD ABOUT YOU
Personal data, or personal information, means
any information about an individual from which that person can be identified.
It does not include data where the identity has been removed (anonymous data).
There are “special categories” of more sensitive
personal data which require a higher level of protection.
We may collect, store, and use the following
categories of personal information about you:
·
Personal contact details such as name, title, addresses, telephone
numbers, and personal email addresses.
·
Date of birth.
·
Gender.
·
Credit card information, bank account and payment details.
·
Information about your use of our goods or services.
We may also collect, store and use the following
“special categories” of more sensitive personal information:
HOW IS YOUR PERSONAL
INFORMATION COLLECTED?
We collect personal information about customers
and prospective customers through their enquiries and instructions to us,
either directly from them or via third parties.
HOW WE WILL USE INFORMATION
ABOUT YOU
We will only use your personal information when
the law allows us to. Most commonly, we will use your personal information in
the following circumstances:
1. Where we need to
perform the contract we have entered into with you to provide you with our
goods or services.
2. Where we need to
comply with a legal obligation.
3. Where it is necessary
for our legitimate interests (or those of a third party) and your interests and
fundamental rights do not override those interests.
We may also use your personal information in the
following situations, which are likely to be rare:
1. Where we need to
protect your interests (or someone else’s interests).
2. Where it is needed in
the public interest or for official purposes.
SITUATIONS IN WHICH WE WILL
USE YOUR PERSONAL INFORMATION
We need all the categories of information in the
list above primarily to allow us to perform our contract with you to provide
you with our services and to enable us to comply with legal obligations. In
some cases, we may use your personal information to pursue legitimate interests
of our own or those of third parties, provided your interests and fundamental
rights do not override those interests. The situations in which we will process
your personal information are listed below. We have indicated below the purpose
or purposes for which we are processing or will process your personal
information, as well as indicating which categories of data are involved:
·
Providing you with our goods and services;
·
Receiving feedback on the goods and services we provide.
Some of the above grounds for processing will overlap and there may be several
grounds which justify our use of your personal information.
IF YOU FAIL TO PROVIDE PERSONAL INFORMATION
If you fail to provide certain information when requested, we may not be able
to perform the contract we have entered into with you to provide our goods or
services, or we may be prevented from complying with our legal obligations
(such as to ensure the health and safety of our workers.
CHANGE OF PURPOSE
We will only use your personal information for the purposes for which we
collected it, unless we reasonably consider that we need to use it for another
reason and that reason is compatible with the original purpose. If we need to
use your personal information for an unrelated purpose, we will notify you and
we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your
knowledge or consent, in compliance with the above rules, where this is
required or permitted by law.
AUTOMATED DECISION-MAKING
Automated decision-making takes place when an electronic system uses personal
information to make a decision without human intervention. We are allowed to
use automated decision-making in the following circumstances:
1. Where we have
notified you of the decision and given you 21 days to request a
reconsideration.
2. Where it is necessary
to perform the contract with you and appropriate measures are in place to
safeguard your rights.
3. In limited
circumstances, with your explicit written consent and where appropriate
measures are in place to safeguard your rights.
If we make an automated decision on the basis of any particularly sensitive
personal information, we must have either your explicit written consent or it
must be justified in the public interest, and we must also put in place
appropriate measures to safeguard your rights.
You will not be subject to decisions that will have a significant impact on you
based solely on automated decision-making, unless we have a lawful basis for
doing so and we have notified you.
We do not envisage that any decisions will be taken about you using automated
means, however we will notify you in writing if this position changes.
DATA SHARING
We may have to share your data with third parties, including third-party
service providers.
We require third parties to respect the security of your data and to treat it
in accordance with the law.
We may transfer your personal information outside the EU. If we do, you can
expect a similar degree of protection in respect of your personal information.
WHY MIGHT YOU SHARE MY PERSONAL INFORMATION WITH
THIRD PARTIES?
We will share your personal information with third parties where required by
law, where it is necessary to administer the working relationship with you or
where we have another legitimate interest in doing so.
WHICH THIRD-PARTY SERVICE PROVIDERS PROCESS MY
PERSONAL INFORMATION?
”Third parties” includes third-party service providers (including contractors
and designated agents) and other entities within our group. The following
activities are carried out by third-party service providers: IT services, legal
advice, shippers/couriers.
HOW SECURE IS MY INFORMATION WITH THIRD-PARTY
SERVICE PROVIDERS?
All our third-party service providers and other entities in the group are
required to take appropriate security measures to protect your personal
information in line with our policies. We do not allow our third-party service
providers to use your personal data for their own purposes. We only permit them
to process your personal data for specified purposes and in accordance with our
instructions.
WHEN MIGHT YOU SHARE MY PERSONAL INFORMATION WITH
THIRD PARTIES?
We may also disclose your information for the following reasons:
§ as required by
relevant regulators or by law;
§ to our auditors and
external assessors who monitor our files;
§ to our bankers to
facilitate payments from or to you;
§ to trusted third
parties or our business partners;
§ to our professional indemnity
insurers;
§ to any external
providers of administration services used by us; or
§ to any person,
authorised by our regulator, who acquires or receives our business for the
purposes of carrying on conduct of your matter(s).
TRANSFERRING INFORMATION OUTSIDE THE EU
We may transfer the personal information we collect about you to countries
outside the EU in order to perform our contract with you, provided there is an
adequacy decision by the European Commission in respect of those countries.
This means that the countries to which we transfer your data are deemed to
provide an adequate level of protection for your personal information.
DATA SECURITY
We have put in place measures to protect the security of your information.
Third parties will only process your personal information on our instructions
and where they have agreed to treat the information confidentially and to keep
it secure.
We have put in place appropriate security measures to prevent your personal
information from being accidentally lost, used or accessed in an unauthorised
way, altered or disclosed. In addition, we limit access to your personal
information to those employees, agents, contractors and other third parties who
have a business need to know. They will only process your personal information
on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach
and will notify you and any applicable regulator of a suspected breach where we
are legally required to do so.
DATA RETENTION
HOW LONG WILL YOU USE MY INFORMATION FOR?
We will only retain your personal information for as long as necessary to
fulfil the purposes we collected it for, including for the purposes of
satisfying any legal, accounting, or reporting requirements. To determine the
appropriate retention period for personal data, we consider the amount, nature,
and sensitivity of the personal data, the potential risk of harm from
unauthorised use or disclosure of your personal data, the purposes for which we
process your personal data and whether we can achieve those purposes through
other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal information so that it can
no longer be associated with you, in which case we may use such information
without further notice to you. Once you are no longer a customer of Evans
Lichfield Limited we will retain and securely destroy your personal information
in accordance with applicable laws and regulations.
RIGHTS OF ACCESS, CORRECTION, ERASURE AND
RESTRICTION
YOUR DUTY TO INFORM US OF CHANGES
It is important that the personal information we hold about you is accurate and
current. Please keep us informed if your personal information changes during
your professional relationship with us.
YOUR RIGHTS IN CONNECTION WITH PERSONAL INFORMATION
Under certain circumstances, by law you have the right to:
§ Request access to your
personal information (commonly known as a “data subject access request”). This
enables you to receive a copy of the personal information we hold about you and
to check that we are lawfully processing it.
§ Request correction of the personal
information that we hold about you. This enables you to have any incomplete or
inaccurate information we hold about you corrected.
§ Request erasure of your
personal information. This enables you to ask us to delete or remove personal
information where there is no good reason for us continuing to process it. You
also have the right to ask us to delete or remove your personal information
where you have exercised your right to object to processing (see below).
§ Object to processing of your
personal information where we are relying on a legitimate interest (or those of
a third party) and there is something about your particular situation which
makes you want to object to processing on this ground. You also have the right
to object where we are processing your personal information for direct
marketing purposes.
§ Request the
restriction of processing of your personal information. This enables
you to ask us to suspend the processing of personal information about you, for
example if you want us to establish its accuracy or the reason for processing
it.
§ Request the transfer of your
personal information to another party.
If you want to review, verify, correct or request erasure of your personal
information, object to the processing of your personal data, or request that we
transfer a copy of your personal information to another party, please contact
the Company in writing.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal information (or to
exercise any of the other rights). However, we may charge a reasonable fee if
your request for access is clearly unfounded or excessive. Alternatively, we
may refuse to comply with the request in such circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your
identity and ensure your right to access the information (or to exercise any of
your other rights). This is another appropriate security measure to ensure that
personal information is not disclosed to any person who has no right to receive
it.
RIGHT TO WITHDRAW CONSENT
In the limited circumstances where you may have provided your consent to the
collection, processing and transfer of your personal information for a specific
purpose, you have the right to withdraw your consent for that specific
processing at any time. To withdraw your consent, please contact the Company.
Once we have received notification that you have withdrawn your consent, we
will no longer process your information for the purpose or purposes you
originally agreed to, unless we have another legitimate basis for doing so in
law.
DATA PROTECTION OFFICER
If you have any questions about this privacy notice or how we handle your
personal information, please contact Lloyd Evans at
enquires@evanslichfield.co.uk. You have the right to make a complaint at any
time to the Information Commissioner’s Office (ICO), the UK supervisory
authority for data protection issues.
CHANGES TO THIS PRIVACY NOTICE
We reserve the right to update this privacy notice at any time, and we will
provide you with a new privacy notice when we make any substantial updates. We
may also notify you in other ways from time to time about the processing of
your personal information.
