DATA PROTECTION AND PRIVACY POLICY

1. Overview
1.1 This policy provides guidance on how the Company will process information about you, and explains your rights to access the information we hold about you.
1.2 This policy applies to customers, suppliers, advisers, service providers, enquirers, beneficiaries, website users, contractors and consultants (“you”). If you fall into one of these categories, then you are a ‘data subject’ for the purposes of this policy. Please note we have a separate privacy policy for employees (current and former), volunteers and recruitment subjects.
1.3 This website may contain links to other third-party websites. If you follow a link to any of those third-party websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your personal information.

2. The key terms within Data Protection Legislation
2.1 The Data Protection Act 2018, and the UK General Data Protection Regulation (‘GDPR’) is designed to protect people against misuse of their personal data held in both electronic and manual files. The Act is a complex piece of legislation and gives rights to individuals and lays down standards for the processing of personal data.

3. We refer to a number of terms throughout this policy:
• Data Controller
This is a person or group of people who determine how and why personal data is, or will be, processed. Usually, the data controller will be the Company.
• Data Processor
any person (other than an employee of the data controller) who processes the data on behalf of the data controller.
• Data Subject
The living individual to whom the data relates.
• Relevant Filing System
Any system where files are structured or referenced so that they clearly indicate whether they hold specific information which would amount to personal data.
• Personal Data
Information from which a living individual can be identified (or can be identified from that data and other information in our possession).
• Processing
Obtaining, recording, or holding the information or data or carrying out any operation on the information or data.
• Sensitive or Special Categories of Data
Information relating to racial or ethnic origin, political opinions, religious or other beliefs, trade union membership, biometric data, health and criminal convictions.
• Source
The source of the personal data (e.g. website forms/ telephone enquiry)
• Disclosure
This occurs when data is passed by the data controller to an authorised third party.

3.2 The Company 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 UK 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.

3.3 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.

3.4 This policy explains how the Company will hold and process your information. It explains your rights as a data subject.

3.5 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.

4. Data Protection Principles
4.1 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.

5. How we define personal data
5.1 ‘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.

5.2 This policy applies to all personal data whether it is stored electronically, on paper or on other materials.

5.3 This personal data might be provided to us by you, or someone else, or it could be created by us.

6. Examples of Personal Data processed by the Company
6.1 Listed below are some types of personal data that the Company may hold about you. This is not an exhaustive list, and the Company may process other forms of data.

• your contact details
• your bank details
• electronic information in relation to your use of our website, e-mail or telephone systems
• your communication history with us
• your images or drawings; and
• any other category of personal data which we may notify you of from time to time.

7. How we define special categories of personal data
7.1 ‘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.

8. How we define processing
8.1 ‘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.

9. How will we process your personal data?
9.1 The Company will process your personal data (including special categories of personal data) in accordance with our obligations under the 2018 Act.

9.2 We will use your personal data for:
• performing the contract of sales between us;
• responding to your enquiries (e.g. quotation/ site visits/ delivery arrangements) and complying with any legal obligation; or
• if it is necessary for our legitimate interests (or for the legitimate interests of someone else). However, we can only do this if your interests and rights do not override ours (or theirs). You have the right to challenge our legitimate interests and request that we stop this processing. See details of your rights in section 16 below.

9.3 We can process your personal data for these purposes without your knowledge or consent. We will not use your personal data for an unrelated purpose without telling you about it and the legal basis that we intend to rely on for processing it.

9.4 If you choose not to provide us with certain personal data you should be aware that we may not be able to carry out certain parts of the contract between us. For example, if you do not provide us with your bank details, we will not be able to process an order. If you do not provide an address, we will not be able to arrange delivery of goods.

10. Examples of when we might process your personal data
10.1 We have to process your personal data in various situations during your engagement with us and even following termination of your engagement.

10.2 For example (and see section 10.3 below for the meaning of the asterisks):
• to carry out the contract between us including where relevant, its termination;
• monitoring compliance by you, us and others with our policies and our contractual obligations*;
• to comply with laws which affect us*;
• running our business and planning for the future;
• the prevention and detection of fraud or other criminal offences;
• to defend the Company in respect of any investigation or litigation and to comply with any court or tribunal orders for disclosure*; and
• for any other reason which we may notify you of from time to time.

10.3 We will only process special categories of your personal data (see above) in certain situations in accordance with the law. For example, we can do so if we have your explicit consent. If we asked for your consent to process a special category of personal data then we would explain the reasons for our request. You do not need to consent and can withdraw consent later if you choose by contacting your line manager.

10.4 We do not need your consent to process special categories of your personal data when we are processing it for the following purposes, which we may do:
• where it is necessary for carrying out rights and obligations under law;
• where it is necessary to protect your vital interests or those of another person where you/they are physically or legally incapable of giving consent;
• where you have made the data public;
• where processing is necessary for the establishment, exercise, or defence of legal claims;

11. Sharing your personal data
11.1 Sometimes we might share your personal data with group companies or our contractors and agents to carry out our obligations under our contract with you or for our legitimate interests. These people are often known as ‘processors’. This may include factoring services, insurance providers, sub contractors, or auditors.

11.2 We require those companies 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.

11.3 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.

12. How long will we keep your personal or sensitive data?
12.1 The company will only hold data for as long as necessary for the purposes for which we collected it. For the purposes of engagement with the Company this will for the entirety of your contract with us, and in most cases up to 6 years after. In some cases we may have a legal obligation to retain your personal or sensitive date for longer than this e.g. where Health and Safety law requires information regarding Asbestos to be kept. More information can be obtained from The Director.

13. How should you process personal data for the Company?
13.1 Everyone who works for, or on behalf of, the Company has some responsibility for ensuring data is collected, stored and handled appropriately, in line with this policy and the Company’s ICT Policy.

13.2 The Director is responsible for reviewing this policy and updating Directors on the Company’s data protection responsibilities and any risks in relation to the processing of data.

13.3 It is a criminal offence to conceal or destroy personal data which is part of a subject access request (see below). This conduct would also amount to gross misconduct under our disciplinary procedure.

14. How to deal with data breaches

14.1 You should ask for help from Samantha Hammond, Director, if you are unsure about data protection or if you notice any areas of data protection or security we can improve upon.
14.2 We have robust measures in place to minimise and prevent data breaches from taking place. Should a breach of personal data occur (whether in respect of you or someone else) then we must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals, then we must also notify the Information Commissioner’s Office within 72 hours.

14.3 If you are aware of a data breach you must contact Samantha Hammond, Director immediately and keep any evidence you have in relation to the breach.

15. Subject access requests
15.1 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. Forward your request to Samantha Hammond, Director who will coordinate a response.

15.2 We must respond within one month of a SAR 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.

15.3 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.

16. Your data subject rights
16.1 You have the right to information about what personal data we process, how and on what basis as set out in this policy.

16.2 You have the right to access your own personal data by way of a subject access request (see above). There are a small number of exemptions which include:
• Data about you that is used for management forecasting and planning;
• Data about you that may be used in negotiations with you;
• Data that could disclose a trade secret;
• Data about you that is subject to legal professional privilege.
• Data that discloses the identity of third parties unless their prior consent is received.

16.3 You can correct any inaccuracies in your personal data. To do so you should contact Samantha Hammond, Director

16.4 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 Samantha Hammond, Director.

16.5 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 Samantha Hammond, Director.

16.6 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.

16.7 You have the right to object if we process your personal data for the purposes of direct marketing.

16.8 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.

16.9 With some exceptions, you have the right not to be subjected to automated decision-making.

16.10 You have the right to be notified of a data security breach concerning your personal data.

16.11 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 Samantha Hammond, Director.

16.12 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.

17. Website specific details
17.1 Our website address is: https://www.westcountryfabricationltd.co.uk.
17.2 Comments
17.2.1 When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
17.2.2 An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service Privacy Policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment
17.3 Media
17.3.1 If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
17.4 Cookies
17.4.1 If you leave a comment on our site you may opt in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
17.4.2 If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
17.4.3 When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
17.4.4 If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day
17.5 Embedded content from other websites
17.5.1 Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
17.5.2 These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
17.6 Who we share your data with
17.6.1 If you request a password reset, your IP address will be included in the reset email.
17.7 How long we retain your data
17.7.1 If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.
17.7.2 For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information,
17.8 What rights you have over your data
17.8.1 If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
17.9 Where we send your data
17.9.1 Visitor comments may be checked through an automated spam detection service.
17.9.2 All website data is held on our website. The server is UK based, and regularly updated and security protected. Website data is backed up daily to a Google drive.
17.9.3 Relevant third-party privacy policies:
17.9.3.1.1 Updraft plus https://updraftplus.com/faqs/privacy-policy-use-google-drive-app/
17.9.3.1.2 Google drive https://policies.google.com/privacy
17.10 On-line card payment security
17.10.1 Our website is run on a secure system using Transport Layer Security (TLS) so that it makes use of HTTPS.
17.10.2 We do not store any customer card or bank details. All card payments on the website are processed through secure partners (WooCommerce and Stripe)
17.10.2.1 WooCommerce Stripe Payment Critical plugins such as WooCommerce and Stripe are updated after version XX,01
17.10.2.2 Stripe privacy policy https://stripe.com/privacy
17.10.2.3 WooCommerce privacy policy https://woocommerce.com/gdpr/#

 

Updated August 2021  version 1.2