Alan Pither Limited – Privacy Notice

Introduction

Alan Pither Limited respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we collect, process and look after your personal data and tell you about your privacy rights and how the law protects you. This version was last updated on 3 January 2019.

 

By agreeing to a contract to any of the services we offer, you are consenting to the processing of data in accordance with our legal obligations.  All data collected will be processed in accordance with the General Data Protection Regulation and all applicable laws and regulations relating to the processing of personal data and privacy.

 

Alan Pither Limited is the controller and responsible for your personal data (collectively referred to as Alan Pither Limited, “we”, “us” or “our” in this privacy notice). We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below:

 

Full name of legal entity:  Alan Pither Limited

Email address: alan@alanpither.co.uk

Postal address: Office 6, Central Marches BDC, Turners Hill Road, Craven Arms, Shropshire, SY7 8DZ

Telephone number: 01588 672351

 

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.

 

Personal data that 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 which we have grouped together follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

 

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

 

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 goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time

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.

 

How your personal data is collected

 

We use different methods to collect data from and about you including through:

  • Direct correspondence, i.e. you may give us your Identity, Contact and Financial Data by corresponding with us by post, phone, email or otherwise. This includes personal data you provide in the course of our engagement with you.
  • If you are undertaking an energy assessor qualification with us you may include personal information in the account details of the OneFile online e-portfolio system we use for assessment.
  • Publicly available sources e.g. Companies House or the Electoral Register.

 

How we use your personal data

 

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • 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.

 

At present we do not process customers’ personal data to send direct marketing communications via post, email or text message. If this changes we will contact you to obtain your consent to receiving such marketing communications.

 

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 contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 

Purpose/activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new client Identity, Contact Performance of a contract with you
To process and deliver your order including management of payments, fee and charges and collection of money owed to us Identity, Contact, Financial, Transaction (a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

 
In the case of training for recognised qualifications, to liaise with the relevant awarding body and meet their quality assurance procedures Identity, Contact (a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

 
In the case of energy or environmental assessments that include certification, to liaise with the relevant accreditation scheme and meet their quality assurance procedures Identity, Contact (a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

 
To manage our relationship with you which may include notifying you about changes to our terms or privacy policy and asking you to leave a review or take a survey Identity, Contact (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)

 
To administer and protect our business Identity, Contact (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, etc.)

(b) Necessary to comply with a legal obligation

 

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.

 

Note that where relevant, the data may also be processed by third parties such as awarding bodies for qualifications or accreditation schemes for Energy Performance Certificates as part of their quality surveillance activities.

 

Disclosure of your personal data

 

We may have to share your personal data with the parties set out below for the purposes set out in the table in the previous section above.

  • Service providers who provide IT and system administration services – in particular this will include software providers for the systems we use to support learning and assessment (e.g. Elmhurst, OneFile)
  • Awarding bodies for qualifications (e.g. ABBE)
  • Accreditation schemes for energy and environmental assessments of buildings where formal certification is required (Elmhurst for EPCs, BREEAM). The Energy Performance of Buildings Regulations requires a copy of all Energy Certificates to be lodged on the appropriate national Register but this does not identify the occupier, nor disclose personal information.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

 

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

 

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.

 

In the case of Energy Performance Certificates, we are legally required to securely maintain and store assessment data for a period of no less than 15 years following assessment, in accordance with the accreditation scheme’s Code of Conduct. Please contact us if you would like specific details of the length of time we will retain any other particular aspects of your personal data.

 

Your legal rights

 

Under certain circumstances, you have rights under data protection laws in relation to your personal data. If you wish to exercise any of the rights set out below 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 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.