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Privacy Notice - Customers

 

(See also our Data Protection Policy and our Privacy notice for employees, franchisees and potential franchisees)

Introduction

Caterpillar Music Limited (referred to in this notice as “we”, “us” or “our”) treat privacy and confidentiality very seriously. We comply with all aspects of the UK’s data protection legislative framework, which includes the European General Data Protection Regulation (GDPR) and the UK’s own legislation, as well as other confidentiality obligations that apply to us because we are solicitors.

Data Controller

Caterpillar Music Limited of Unit 19, St Julians, Sevenoaks, Kent, TN15 0RX 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.

What is the purpose of this document?

This notice applies to current and former customers and potential customers. This notice does not form part of any contract we may have with you. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical. The purpose of this notice is to make sure you are aware of how and why we are using your information (and the information of your child or children) and what your rights are under the data protection legislation.

Data Protection Principles

We will comply with data protection law. This says that the personal information we hold about you must be:

Used lawfully, fairly and in a transparent way.

Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.

Relevant to the purposes we have told you about and limited only to those purposes.

Accurate and kept up to date.

Kept only as long as necessary for the purposes we have told you about.

Kept securely.

 

What information do we hold?

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, such as information about a person's health or sexual orientation.

 

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.
  • Marital status and details of your children
  • Details of classes booked

We may also collect, store, and use the following categories of personal information about your child or children:

  • Name
  • Date of birth/age
  • Gender
  • Health information (e.g. information about allergies)
  • Information about any disabilities or special educational needs

 

HOW WE WILL USE INFORMATION ABOUT YOU OR YOUR CHILD

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:

 

·                   Where we need to perform the contract we have entered into with you or in preparation for entering into a contract with you.

·                   Where we need to comply with a legal obligation.

·                   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 you have given your consent, although this is only necessary in a limited number of circumstances.

 

We may also use your personal information in the following situations where we need to protect your vital interests e.g. in a medical emergency

 

 

Situations in which we will use your/your child’s personal information

We use the information in the list above primarily to allow us to perform our contract with you. 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)or to enable us to comply with legal obligations. The situations in which we will process your personal information are listed below:

 

  • To enable us to put you in touch with the Caterpillar Music Limited representative (the Franchisee) in your area
  • To enable us to pass on the information to a new Franchisee in the event that there is a change to the identity of the Franchisee in your area
  • To store customer data securely on behalf of franchisees
  • To enable us to carry out customer research and check that customers are satisfied with the service provided
  • To enable us to calculate payments due to Franchisees and to check Franchisee income
  • In the course of us carrying out normal business activities such as conducting internal audits, training and financial management.
  • To ensure the health and safety of your child
  • To ensure that the services delivered by Franchisees are appropriate and adequate in light of any disability or special educational need and/or to check whether any adjustments are required.

 

HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION

"Special categories" of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:

 

·                   In limited circumstances, with your explicit written consent.

·                   For the purpose of carrying out obligations in the field of social protection law.

·                   Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or your child’s interests) and you are not capable of giving your consent, or where you have already made the information public.

 

 

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 relationship with you or where we have another legitimate interest in doing so.

Which third-parties may have access to my personal information?

The following third-parties may have access to information about you for the following purposes:

Type of Data

Third party

Activity carried out

Customer personal details (name, contact information, child's name, date of birth)

The Franchisee for your area (to find out who this is please see www.caterpillarmusic.com/find-a-class)

To enable us to make the Franchisee aware of your interest, to provide them with information to enable them to determine the appropriate class for you and to make contact with you.

 

 

 

How long do we keep personal information?

Our policy is to not hold personal information for longer than is necessary. We have established data retention timelines for all of the personal information that we hold based on why we need the information and captured this in our Data Retention Policy. In your case this will be five years. We delete or destroy personal information securely.

 

We may continue to send you information about our services from time to time until and unless you ask us not to do so. If you are on our electronic marketing database then we will be emailing you separately about this.

Security

We are strongly committed to information security. We have put in place physical, electronic, and managerial procedures to safeguard and secure the information you provide to us. If you wish to discuss the security of your information please contact us.

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 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 Kathryn Hyatt 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 Kathryn Hyatt. 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.

How to Complain

Please let us know if you are unhappy with how we have used your personal information. To do this please contact Kathryn Hyatt.  You also have the right to complain to the Information Commissioner’s Office. More information about this is available on the ICO’s website www.ico.org.uk

 

Contact Us

Contact us by telephone on 0870 199 9090 or email at This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

 

Data Protection Policy

INTRODUCTION

This policy provides information about the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) with which Caterpillar Music Limited must comply.  It provides an overview of what Caterpillar Music Limited will do when handling Personal Data in order to comply with the GDPR.

 

This Policy applies to all Personal Data we Process regardless of the media on which that data is stored.

 

We recognise that the correct and lawful treatment of Personal Data will maintain confidence in the organisation and will provide for successful business operations. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times. Employees of Caterpillar Music Limited are expected to comply with the requirements of the GDPR and the provisions of this Policy. Franchisees of Caterpillar Music Limited are also expected to comply with this policy.

 

Employees of Caterpillar Music Limited must read, understand and comply with this Policy when Processing Personal Data on our behalf and attend training as required. This Policy sets out what Caterpillar Music Limited will do to comply with the law and what we expect our employees and franchisees to do. Compliance with this Policy is mandatory for employees and any breach of this Policy may result in disciplinary action.

 

 

DEFINITIONS:

The following definitions are used in this policy:

Data Controller:  the person or organisation that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with the GDPR. We are the Data Controller of all Personal Data relating to our Company Personnel and the Personal Data of our clients or any other Personal Data used in our business for our own commercial purposes.

Data Subject: a living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.

Data Privacy Impact Assessment (DPIA):  tools and assessments used to identify and reduce risks of a data processing activity. DPIA can be carried out as part of Privacy by Design and should be conducted for all major system or business change programs involving the Processing of Personal Data.

EEA:  the 28 countries in the EU, and Iceland, Liechtenstein and Norway.

Personal Data:  any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Sensitive Personal Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person’s actions or behaviour.

Personal Data Breach:  any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.

Privacy by Design:  implementing appropriate technical and organisational measures in an effective manner to ensure compliance with the GDPR.

Privacy Notices:  notices setting out information that may be provided to Data Subjects when Caterpillar Music Limited collects information about them. These notices may take the form of general privacy statements applicable to a specific group of individuals (for example, client privacy notices) or they may be stand-alone, one time privacy statements covering Processing related to a specific purpose.

Processing or Process:  any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.

Pseudonymisation or Pseudonymised:  replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person, to whom the data relates, cannot be identified without the use of additional information which is meant to be kept separately and secure.

Special Category Personal Data:information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and Personal Data relating to criminal offences and convictions.

 

THE REQUIREMENTS UNDER THE GDPR

 

The GDPR requires that Personal Data must be:

 

  • processed lawfully, fairly and in a transparent manner

 

  • collected only for specified, explicit and legitimate purposes

 

  • adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed

 

  • accurate and where necessary kept up to date

 

  • not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed

 

  • processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage

 

Personal Data must not be transferred outside the EEA without appropriate safeguards being in place.

 

We are required to ensure that Data Subjects are allowed to exercise certain rights in relation to their Personal Data.

 

We are responsible for and must be able to demonstrate compliance with the requirements under the GDPR.

 

LAWFULNESS AND FAIRNESS

Personal data must be Processed lawfully, fairly and in a transparent manner in relation to the Data Subject.

 

We may only collect, Process and share Personal Data fairly and lawfully and for specified purposes. The GDPR restricts our actions regarding Personal Data to specified lawful purposes. These restrictions are not intended to prevent Processing, but to ensure that we Process Personal Data fairly and without adversely affecting the Data Subject.

 

TRANSPARENCY

 

The GDPR requires Data Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere. Such information must be provided through appropriate Privacy Notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them.

 

Whenever we collect Personal Data directly from Data Subjects, we will provide the Data Subject with all the information required by the GDPR including the identity of the Data Controller, how and why we will Process, disclose, protect and retain that Personal Data through a Privacy Notice which must be presented when the Data Subject first provides the Personal Data.

 

When Personal Data is collected indirectly (for example, from a third party or publicly available source), we will provide the Data Subject with all the information required by the GDPR as soon as possible after collecting/receiving the data. We will also check that the Personal Data was collected by the third party in accordance with the GDPR and on a basis which is compatible with our proposed Processing of that Personal Data.

 

PURPOSE LIMITATION  

 

Personal Data must be collected only for specified, explicit and legitimate purposes. It must not be further Processed in any manner incompatible with those purposes.

 

We will not use Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless we have informed the Data Subject of the new purposes and there is a legal basis for doing so.

 

DATA MINIMISATION

 

Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.

 

We will only collect Personal Data to the extent that this is necessary for us to deliver services to our clients or to meet a legitimate business need. We will not collect excessive data and our employees should ensure that Personal Data is collected only to the extent that it is adequate and relevant for the intended purposes.

 

ACCURACY

 

Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.

 

We will ensure that the Personal Data we use and hold is accurate, complete, kept up to date and relevant to the purpose for which we collected it. We will check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to amend inaccurate or out-of-date Personal Data.

 

STORAGE LIMITATION

 

Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed. Caterpillar Music Limited will maintain retention policies and procedures to ensure Personal Data is deleted in accordance with this requirement.

 

PROTECTING PERSONAL DATA

Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.

 

Our employees will only Process Personal Data when this is required in order to perform their job duties. They will not be permitted to Process Personal Data for any reason unrelated to their job duties.

 

We and our employees will take all reasonable steps to protect against unlawful or unauthorised Processing of Personal Data and against the accidental loss of, or damage to, Personal Data. We will exercise particular care to protect Special Category Personal Data from loss and unauthorised access, use or disclosure.

 

We will only transfer Personal Data to third-party service providers who agree to comply with our policies and procedures and who agree to put adequate security measures in place, as requested.

 

REPORTING A PERSONAL DATA BREACH  

 

The GDPR requires Data Controllers to notify any Personal Data Breach to the applicable regulator and, in certain instances, the Data Subject.

 

We have put in place procedures to deal with any suspected Personal Data Breach and will notify Data Subjects or any applicable regulator where we are legally required to do so.

 

If an employee or any other individual becomes aware of an actual or suspected Personal Data they should contact Kathryn Hyatt on 0870 199 9090 or This email address is being protected from spambots. You need JavaScript enabled to view it.immediately.

 

TRANSFER LIMITATION

 

The GDPR restricts data transfers to countries outside the EEA in order to ensure that the level of data protection afforded to individuals by the GDPR is not undermined. Personal Data originating in one country is transferred across borders when it is transmitted, sent, viewed or accessed in or to a different country. The Company does not envisage that it will need to transfer Personal Data outside the EEA or across borders but should this be required then the Company will only do so in accordance with appropriate guidelines.

 

DATA SUBJECT’S RIGHTS AND REQUESTS

 

Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:

 

  • where Processing is based on the legal basis of consent, to withdraw Consent to Processing at any time;

 

  • receive certain information about the Data Controller’s Processing activities;

 

  • request access to their Personal Data that we hold;

 

  • prevent our use of their Personal Data for direct marketing purposes;

 

  • ask us to erase Personal Data if it is no longer necessary in relation to the purposes for which it was collected or Processed or to rectify inaccurate data or to complete incomplete data;

 

  • restrict Processing in specific circumstances;

 

  • challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;

 

  • be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;

 

  • make a complaint to the supervisory authority; and

 

  • in limited circumstances, receive or ask for their Personal Data to be transferred to a third party in a structured, commonly used and machine-readable format.

 

Any Data Subject who wishes to make a Data Subject request (or any employee who received such a request from a Data Subject) should contact Kathryn Hyatt on 0870 199 9090 or This email address is being protected from spambots. You need JavaScript enabled to view it..

 

 

RECORD KEEPING  

 

We will keep full and accurate records of our Processing activities including records of any consents obtained from Data Subject where appropriate. Our employees are responsible for ensuring that these records are accurate and kept up to date.

 

TRAINING AND AUDIT  

 

We will ensure that we and our employees have undergone adequate training to enable us to comply with data privacy laws. We must also regularly test our systems and processes to assess compliance.

 

Employees will be required to undertake any mandatory data privacy related training provided or arranged by Caterpillar Music Limited.

 

Employees must regularly review all the systems and processes under their control to ensure they comply with this Policy and check that adequate governance controls and resources are in place to ensure proper use and protection of Personal Data.

 

PRIVACY BY DESIGN AND DATA PROTECTION IMPACT ASSESSMENT (DPIA)  

 

We are required to implement Privacy by Design measures when Processing Personal Data by implementing appropriate technical and organisational measures (for example Pseudonymisation) in an effective manner, to ensure compliance with data privacy principles.

 

Data controllers must also conduct DPIAs in respect of high risk Processing, for example when implementing major system or business change programs involving the Processing of Personal Data. If such high-risk Processing is contemplated by the Company then the appropriate DPIA will be undertaken.

 

DIRECT MARKETING  

 

Caterpillar Music Limited is subject to certain rules and privacy laws when marketing to our customers. For example, a Data Subject’s prior consent is required for electronic direct marketing (including by email, text or automated calls). There is a limited exception for existing customers known as “soft opt in” which allows organisations to send marketing texts or emails if they have obtained contact details in the course of a sale to that person, they are marketing similar products or services, and they have given the person an opportunity to opt out of marketing when first collecting the details and in every subsequent message.

 

We will only undertake direct marketing where this is in accordance with the law and we will promptly honour a Data Subject’s objection to direct marketing. If a customer opts out at any time, we will retain only enough information to ensure that marketing preferences are respected in the future.

 

 

 

PRIVACY NOTICE FOR EMPLOYEES, FRANCHISEES AND POTENTIAL FRANCHISEES

  1. WHAT IS THE PURPOSE OF THIS DOCUMENT?

Caterpillar Music 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 our relationship with you, in accordance with the General Data Protection Regulation (GDPR).

 

It applies to all employees, franchisees and potential franchisees.

 

Caterpillar Music 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.

 

This notice applies to current and former employees and to franchisees and potential franchisees. This notice does not form part of any contract of your employment or franchise agreement. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical.

 

It is important that you read and retain 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 and what your rights are under the data protection legislation.

 

  1. DATA PROTECTION PRINCIPLES

We will comply with data protection law. This says that the personal information we hold about you must be:

·                   Used lawfully, fairly and in a transparent way.

·                   Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.

·                   Relevant to the purposes we have told you about and limited only to those purposes.

·                   Accurate and kept up to date.

·                   Kept only as long as necessary for the purposes we have told you about.

·                   Kept securely.

 

  1. 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, such as information about a person's health or sexual orientation.

 

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.
  • Marital status and dependants.
  • Next of kin and emergency contact information.
  • National Insurance number.
  • Bank account details
  • Start date
  • Leaving date and your reason for leaving
  • Location of employment or workplace.
  • Employment history
  • Qualifications and education history

If you are an employee we may collect, store, and use the following additional categories of personal information about you:

 

  • Payroll records and tax status information
  • Salary, annual leave, pension and benefits information
  • The date of your continuous employment
  • Copy of driving licence.
  • Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
  • Employment records (including job titles, work history, working hours, holidays, training records and professional memberships).
  • Compensation history.
  • Performance information.
  • Disciplinary and grievance information.
  • CCTV footage and other information obtained through electronic means such as swipe card records.
  • Information about your use of our information and communications systems.
  • Results of HMRC employment status check, details of your interest in and connection with the intermediary through which your services are supplied.

We may also collect, store and use the following "special categories" of more sensitive personal information:

  • Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
  • Information about criminal convictions and offences
  • Information about your health, including any medical condition or disability

If you are an employee we may collect, store, and use the following additional "special categories" of more sensitive personal information:

  • Health and sickness records, including:
    • details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and
    • where you leave employment and the reason for leaving is related to your health, information about that condition needed for pensions and permanent health insurance purposes.
    • Trade union membership

 

  1. HOW IS YOUR PERSONAL INFORMATION COLLECTED?

We collect personal information about employees, franchisees and potential franchisees through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.

We may collect additional personal information in the course of our relationship with you, for example in the course of administering the franchise arrangement or throughout the period of you working for us.

  1. 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:

 

·                   Where we need to perform the contract we have entered into with you or in preparation for entering into a contract with you.

·                   Where we need to comply with a legal obligation.

·                   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 you have given your consent, although this is only necessary in a limited number of circumstances.

 

We may also use your personal information in the following situations:

 

·                   Where we need to protect your interests (or someone else's interests).

·                   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 (see paragraph 3) primarily to allow us to perform our contract with you 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:

  • Making a decision as to whether to enter into a contract with you
  • Determining the terms on which you work for or with us.
  • Making payment to you and, if you are an employee or deemed employee for tax purposes, deducting tax and National Insurance contributions (NICs).
  • Administering the contract we have entered into with you.
  • Business management and planning, including accounting and auditing.
  • Assessing your qualifications and suitability as a franchisee or employee
  • Making decisions about continuing your employment or the franchise arrangement
  • Making arrangements for the termination of our working relationship if appropriate
  • Dealing with legal disputes involving you, or other individuals or companies
  • To prevent fraud.
  • Equal opportunities monitoring.
  • Marketing of franchise opportunities

If you are an employee we may process your personal information in the following additional circumstances:

  • Making a decision about your recruitment or appointment.
  • Checking you are legally entitled to work in the UK.
  • Providing the employment benefits to you
  • Enrolling you in a pension arrangement in accordance with our statutory automatic enrolment duties.
  • Liaising with the trustees or managers of a pension arrangement operated by a group company, your pension provider and any other provider of employee benefits.
  • Conducting performance reviews, managing performance and determining performance requirements.
  • Making decisions about salary reviews and compensation.
  • Gathering evidence for possible grievance or disciplinary hearings
  • Education, training and development requirements.
  • Ascertaining your fitness to work.
  • Managing sickness absence.
  • Complying with health and safety obligations.
  • To monitor your use of our information and communication systems to ensure compliance with our IT policies.
  • To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.

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 enter into or perform obligations under a contract with you (for example we may not be able to pay you), or we may be prevented from complying with our legal obligations (such as health and safety obligations).

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.

  1. HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION

"Special categories" of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:

 

·                   In limited circumstances, with your explicit written consent.

·                   Where we need to carry out our legal obligations or exercise rights in connection with employment.

·                   Where it is needed in the public interest, such as for equal opportunities monitoring

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.

 

Our obligations as an employer

We will use the particularly sensitive personal information of employees in the following ways:

  • We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.
  • We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits including statutory maternity pay, statutory sick pay, pensions and permanent health insurance.
  • We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
  • If applicable we will use trade union membership information to pay trade union premiums, register the status of a protected employee and to comply with employment law obligations.

Our obligations as a franchisor

We will use the particularly sensitive personal information of franchisees in the following ways:

  • We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.

 

Do we need your consent?

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or to exercise specific rights e.g. in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

  1. INFORMATION ABOUT CRIMINAL CONVICTIONS

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.

 

Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.

 

 

  1. 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:

 

·                   Where we have notified you of the decision and given you 21 days to request a reconsideration.

·                   Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.

·                   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.

  1. DATA SHARING

We may have to share your data with third parties, including third-party service providers and other entities in the group.

 

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 third-party service providers process personal information about you for the following purposes:

Type of Data

Third party

Activity carried out

Franchisee & potential franchisee contact details – held on CM Connect system (online password protected system); spreadsheets in a specific network drive with limited access; copies of Franchise Agreements held on a specific network drive with limited access

Martin Ives Accountancy

 

 

 

Preparation of accounts

Kashflow.com

Invoice creation and Direct Debit collection

EXB Ltd (solicitors)

Preparing franchise agreements

Pension & Pension Provider information – in paper form in a locked cabinet

Details of monthly contribution amount from employee & employer.

Pension administration

Information provided for DBS checks – subject to Encrypted storage and access controls

Disclosure & Barring Service

For the purpose of undertaking a DBS check

Tax Information (P45, P60 etc.) – subject to Encrypted storage and access controls

HMRC

 

Provision of legally required information

Martin Ives Accountancy

Payroll processing

 

 

 

 

How secure is my information with third-party service providers?

All our third-party service providers 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 other third parties?

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.

We may also need to share your personal information with a regulator or to otherwise comply with the law e.g. this may include making returns to HMRC.

Transferring information outside the EU

We will not transfer personal information we collect about you outside the EU

  1. DATA SECURITY

We have put in place measures to protect the security of your information. Details of these measures are available upon request.

 

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.

  1. 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. Details of retention periods for different aspects of your personal information are available in our retention policy which is available on our website.  

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 no longer have a contractual or other relationship with the company we will retain and securely destroy your personal information in accordance with our data retention policy.

  1. 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 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 Kathryn Hyatt 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.

  1. 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 Kathryn Hyatt. 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.

  1. DATA PROTECTION OFFICER AND COMPLAINTS

If you have any questions about this privacy notice or how we handle your personal information, please contact Kathryn Hyatt.

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.

  1. 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.