HCHR Limited Privacy Notice and Data Protection Policy for clients and others who we work with
What is this policy for?
HCHR Ltd respects your privacy and is committed to protecting your personal data. We take issues relating to your personal data really seriously. This policy is to explain more to you about how we handle your personal data and how the law protects you.
We will always be clear about why we need the details we ask for and ensure your personal information, or that belonging to any third party you give to us, is kept as secure as possible.
HCHR Limited is the controller and responsible for your employees’ personal data (collectively referred to in this policy as “we”, “us” or “our”).
We have appointed a Data Handling Lead (DHL) who is responsible for overseeing questions in relation to this Policy. You should not hesitate to contact our Managing Director – Miss Shakira Joyner.
Email address: firstname.lastname@example.org
Postal address: HCHR Limited, 10 St James’ Crescent, Uplands, Swansea SA1 6DZ
Telephone number: 01792 234761
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 (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
This version was last updated on 24th May 2018.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
If you provide us with an email address that you share with another person (such as a partner), you can expect them to see any emails that we send to you.
Our website may include links to other websites. Clicking on those links may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
- THE DATA WE COLLECT 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).
We may collect, use, store and transfer different kinds of personal data about you or your employees which we have grouped together as follows:
- Contact Data includes billing address, delivery addresses, email address and telephone numbers.
- Identity Data includes first name, maiden name, last name, marital status, title, date of birth and gender.
- Financial Data includes bank account details where we e.g.: – make payments or to issue refunds for overpayments.
- Advice Data includes all information about you or your employees which you have disclosed in order to obtain HR, legal or practical advice from us
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us such as training.
- Technical Data includes internet protocol (IP) address, and details of the devices you use to access our website.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
Special Categories of Personal Data may include:
- information about a person’s physical or mental health or condition (you may tell us about this or we may be assisting an employer to monitor sick leave and take decisions as to a person’s fitness for work or to otherwise advise in respect of managing that person in work);
- racial or ethnic origin or religious or similar information (you may tell us about this or we may be advising an employer in relation to circumstances in work where these issues have been raised);
- information about a person’s sexual life (you may tell us about this or we may be advising an employer in relation to circumstances in work where these issues have been raised);
- whether you are a trade union member or not (you may tell us this or we may be advising an employer in relation to circumstances in work where these issues have been raised).
In the case of data provided by clients about their employees, ex-employees, directors or ex-directors (or equivalent), applicants for jobs, volunteers, contractors, workers or agency workers, where we hold special categories of data about any such data subject we will be processing that data solely as necessary to provide HR advice.
Criminal records data
Information about a person’s criminal record or criminal proceedings may come to our attention because we may be advising an employer in relation to this issue, as regards recruitment decisions or decisions as to whether their employment should continue. Any processing we do of such data will only be done where it is necessary to advise your employer about the legal position in relation to that data.
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 services). In this case, we may have to cancel a service you have with us, but we will notify you if this is the case at the time.
- HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact, Transaction 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:
- Use our services;
- Create an account on our website;
- Subscribe to our service or publications;
- Request marketing materials or other information to be sent to you;
- Enter a competition, promotion or survey; or
- Give us some feedback.
- Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your activity. We collect this personal data by using cookies and other similar technologies.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Another client who has referred you to us
- Another service provider who has referred you to us such as another HR service provider, an accountant, recruitment agent or solicitor.
- Technical Data from analytics providers such as Google and/or search information providers.
- Identity and Contact Data from publicly availably sources such as Companies House based inside the EU. For example, we will check Companies House to ascertain who the directors are of a client company.
- HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to.
We only process data for the purposes we have agreed with you or where it relates to:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- 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.
- Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us at the details set out above.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
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.
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 tell 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.
|Type of data
|Lawful basis for processing including basis of legitimate interest
|To register you as a new client
|Performance of a contract with you
|To process and deliver the required services including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e)Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
|To manage our relationship with you which will include:
(d) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how clients use our services)
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security and to prevent fraud)
(b) Necessary to comply with a legal obligation
|To use data analytics to improve our website, services, marketing, client relationships and experiences
|Necessary for our legitimate interests (to define types of clients for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
|To make suggestions and recommendations to you about services that may be of interest to you
|Necessary for our legitimate interests (to develop our services and grow our business)
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We do not sell or share any data to other organisations.
PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us, or purchased services from us, or if you provided us with your details when enquiring about similar services in the past and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any company outside HCHR Ltd for marketing purposes.
You can ask us/ third partied to stop sending you marketing messages at any time by contacting us.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase.
CHANGE OF PURPOSE
We will only use your personal data 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data 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 data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
- DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data for the purposes set out in the table above with External Third Parties and/or third parties to whom we may choose to transfer data.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
- INTERNATIONAL TRANSFERS
We do not generally transfer your personal data outside the European Economic Area (EEA).
However there may be occasion where we may transfer client data in relation to the work we do for them outside of the UK.
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 the Europe and the US. For example, US based software Mailchimp and Survey Monkey which uses Identity Data to create mailings.
- DATA SECURITY
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 employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
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.
- DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data 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.
By law we have to keep basic information about our clients (including Contact, Identity, Financial, Advice and Transaction Data) for six years after they cease being customers for tax, insurance and regulatory purposes.
In specific circumstances you can ask us to delete your data: see request erasure below for further information.
In some circumstances we may 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.
- YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
If you wish to exercise any of the rights set out above, please contact us.
You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you that you have given to us and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data 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 data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data 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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- 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. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these 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 your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
EXTERNAL THIRD PARTIES
- Service providers based in the UK who provide IT and system administration services:
- Professional advisers including solicitors, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services. Generally, they are not accessing personal data when providing us with advice and support but, if they are likely to have access to such data, we make sure we have in place with them contractual terms protecting your data.
- HMRC based in the UK as a regulator they have the power to require access to any files we hold in order to ensure that we have operated within the terms of their regulatory rules imposed from time to time. If they do so the regulator will have duties to you as a Data Controller in their own right and you should ask them for their Privacy Notice in this regard.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.
- Marketing providers such as Eventbrite, SurveyMonkey and MailChimp where those providers have an unsubscribe option.
- Our freelance PA, call catching service and HR Consultants act as processors who offer admin support and professional services. We have in place agreements with them which require them to take the same steps we would take to protect your privacy and data. They have been appropriately trained in data security.