LAST UPDATED JULY 2019
1. INTRODUCTION AND TERMS
• how we use and collect personal data from you through your use of this website or when you purchase a service from us; and
• our use of any personal information you provide to us by telephone, in written correspondence (including letter and email), by SMS and in person.
Whenever you provide personal data, we are legally obliged to use your information in compliance with all applicable laws concerning the protection of such information; including the Data Protection Act 2018 (DPA) and The General Data Protection Regulation 2016 (GDPR) together, with other subsequent laws “Data Protection Laws”.
Please note that this website, and our services are not intended for children under the age of 18 and we do not knowingly collect data relating to children. This policy may be amended or updated from time to time and any revisions will be posted to this page.
2. WHO WE ARE AND HOW TO CONTACT US
Address: BW Planning, Tolverth, St Francis Road, St Columb Road, St Columb, TR9 6QD
Telephone: 01872 830831
3. THE DATA WE COLLECT ABOUT YOU
3.1 We collect and process personal data. Typically the personal data we collect and process will include identity, contract, financial, transactional, technical, profile, usage and marketing and communications data such as:
3.1.1 Identity Data includes first name, last name, username or similar identifier, title, date of birth and images.
3.1.2 Contact Data includes billing address, delivery address, email address and telephone numbers.
3.1.3 Financial Data includes bank account and payment card details.
3.1.4 Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
3.1.5 Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
3.1.6 Profile Data includes any instructions given to us by you in relation to our services, your preferences, feedback and survey responses.
3.1.7 Usage Data includes information about how you use our website, products and services.
3.1.8 Marketing and Communications data includes your preferences in receiving marketing from us and your communication preferences.
3.2 We also collect, use and share aggregated data, such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data, but is not considered to be personal data in law as it will not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate a percentage of users accessing a specific feature of our services. However, if we combine or connect your aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used solely in accordance with this policy.
3.3 We do not collect the following special categories of personal data about you: details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. Nor do we collect any information about criminal convictions and offences.
3.4 We only collect data from you directly or via third parties (see the section Third Parties below).
4. HOW WE COLLECT YOUR DATA
4.1 We use different methods to collect data from and about you, including through:
4.1.1 Direct interactions. You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you;
(a) request information about our services;
(b) instruct us to provide services;
(c) pay for our services;
(d) request marketing to be sent to you;
(e) enter a competition, promotion or survey; or
(f) give us feedback or contact us.
4.1.3 Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below.
(a) technical data and usage data from analytics providers;
(b) identity and contact data from local authorities, council planning offices and publicly available sources.
5. IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
6. HOW YOUR DATA WILL BE USED
6.1 We use information held about you to:
6.1.1 carry out our obligations arising from any contracts entered into between you and us and provide our services;
6.1.2 carry out feedback and research on our services; and
6.1.3 notify you about changes to our services.
6.2 Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us or the relevant third party, or by following the opt-out links on any marketing message sent to you.
6.3 We share your data with third parties where there is a legal obligation for us to do so or we have identified a valid lawful basis as set out in the table below (please also see clause 7 below, lawful basis). We may process your personal data without your knowledge or consent where this is required or permitted by law.
6.4 We have set out below in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
6.5 Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
7. LAWFUL BASIS FOR USING YOUR DATA
7.1 We only process your data (which may include providing it to a third party) where we have identified a valid lawful basis to do so. These are as follows:
7.1.1 Contractual obligation – Where processing is necessary to comply with our obligations arising out of a contract with you, for example, where you have bought services from us we will use the personal data you provide to fulfil our contractual obligations e.g. taking payment.
7.1.2 Legal obligation – Where processing is necessary to comply with a legal obligation on us or where that processing is mandatory under the law.
7.1.3 Legitimate Interest – Where we use legitimate interests we will record our decision on making this decision. We rely on legitimate interest where processing of the data we hold on you does not, in our opinion, affect your rights or freedoms and is proportionate to our interests e.g. keeping you up to date with our latest services or obtaining your feedback on our service.
7.1.4 Consent – We will seek to obtain your consent to process your data outside our contractual obligations (see above) unless we have identified a Legitimate Interest (see above).
8. SHARING YOUR DATA
8.1 We will keep your information within the organisation except where disclosure is required or permitted by law or when we use third party service providers (data processors) to supply and support our services to you. We have contracts in place with our data processors. This means that they cannot do anything with your personal data unless we have instructed them to do so. They will not share your personal data with any organisation apart from us. They will hold it securely and retain it for the period we instruct.
8.2 Please see below the list which sets out the categories of recipients of personal data.
8.3 In the course of carrying out your instructions we may need to share information and your personal data with HMRC, the relevant local authority or relevant council planning office to support our services to you, but we will ask for your consent prior to sharing such information or data.
8.5 Third parties may provide us with personal data and they should only do so where the law allows them to.
9. DATA SECURITY
9.1 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those listed in paragraph 8. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
9.2 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
10. WHERE YOUR DATA IS HELD
10.1 Where we transfer your data outside the European Economic Area (EEA), we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
10.1.1 We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
10.1.2 Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
10.1.3 Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
11. APPLICATIONS TO WORK FOR US
If you apply to work for us (directly or indirectly) in any role we may receive data about you from third parties. In addition, we will keep the details of your application and any additional information provided to us by you or others during your application so that we can keep you informed of future opportunities that you may be interested in. If you do not wish for us to keep your details for this reason, please let us know by contacting us using the details provided in this policy.
12. DATA RETENTION
12.1 By law we have to keep basic information about our customers (including contact, identity, financial and transaction data) for six years after they cease being customers for tax purposes.
12.2 In some circumstances you can ask us to delete your data; see paragraph 14 below for further information.
12.3 In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
13. THIRD-PARTY LINKS
14. YOUR RIGHTS
14.1 Under the Data Protection Laws your rights are:
14.1.2 Access – You are entitled to request access to your personal data, usually without a fee (commonly known as a “data subject access request”). Such requests should be in writing to the contact details provided in this policy. If we do not hold information about you we will confirm this in writing at the earliest opportunity. If we do hold your personal data we will respond in writing within one calendar month of your request (where that request was submitted in accordance with this policy), although the period may be extended by a further two months for complex or numerous requests. If such an extension is necessary, we will inform you of the extension and reason for the delay. The information we supply will;
(a) confirm that your data is being processed;
(b) verify the lawfulness and the purpose of the processing;
(c) confirm the categories of personal data being processed;
(d) confirm the type of recipient to whom the personal data have been or will be disclosed; and
(e) let you have a copy of the data in format we deem suitable or as reasonably required by you.
14.1.3 Rectification – We are obliged to correct or update your details. We will correct or update your data without delay provided you make the request in writing to the contact details provided in this policy, clearly specifying which data is incorrect or out of date.
14.1.4 Erasure – This is also known as the right to be forgotten. Under Data Protection Laws you have the right to erasure under specific circumstances. A request for your personal data to be deleted will be decided on a case by case basis and should be submitted in writing to the contact details provided in this policy.
14.1.5 Restrict processing – You have the right to ‘block’ or suppress the processing by us of your personal data. Please note that this may affect our obligations to carry out the services under the contract (see Paragraph 5).
14.1.6 Portability – You have the right to obtain and reuse your personal data (that you have provided to us) either for yourself or for use by another provider.
14.1.7 Object – You have the right to object to us processing your data in relation to direct marketing and or profiling.
14.1.8 Rights in relation to automated decision making and profiling – We do not use automatic decision making or profiling.
14.1.9 Withdraw consent at any time – Where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
14.2 Please note that you may need to provide identification in order to prove who you are if you wish to invoke any of your rights as provided by the Data Protection Laws and as summarised above.
14.3 If you agree, we will try to deal with your request informally, for example by providing you with the specific information you need over the telephone.
You have the right to complain about the processing of your personal data. Please contact us using the details provided above. If you are still unsatisfied you have the right to complain to the Information Commissioners Office.