Introduction and Scope
Welcome to Lichfield West Midlands Traded Services Limited’s Privacy Notice (LWM Traded Services). LWM Traded Services’ Company Number is 12184635, Registered Office Address: District Council House, Frog Lane, Lichfield, Staffordshire, WS13 6YY.
LWM Traded Services is an arm’s length organisation wholly owned and contracted by Lichfield District Council to provide traded services, such as leisure services, landlord services, project management, talent management and to also facilitate applications for the Disabled Facilities Grant.
LWM Traded Services respects your privacy and is committed to protecting your personal data. This Privacy Policy explains what types of personal information we collect about you, what we do with that personal information, the legal basis for our processing of your personal information, what rights you have in relation to your personal information and how you can exercise those rights. It also explains how we keep your personal information safe and secure. We take our Data Protection obligations very seriously and this notice gives you information about our approach to Data Protection legislation (UK General Data Protection Regulation, Data Protection Act 2018, Privacy & Electronic Communications (EC Directive) Regulations 2003 (PECR)) and any subsequent updated legislation.
Important information
Purpose of this privacy notice
This Privacy Notice explains how we collect, use, and disclose information about you when you visit our website, use our services, or interact with us.
It is important that you read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. Please also review our individual privacy notices available here https://www.lichfielddc.gov.uk/freedom-information/lwmts-council-privacy-notice. This notice supplements other privacy notices and is not intended to override them. We may update this notice at any time, details of which are found at the end of this document.
Data Controller/Processor
LWM Traded Services is the Data Controller in circumstances where we are processing data for our purposes, such as using our website, and not under contract and we are responsible for your personal data (collectively referred to as, “we”, “us” or “our” in this privacy notice).
LWM Traded Services acts as a Data Processor on behalf of Lichfield District Council for some of the services we provide, such as the Disabled Facilities Grant data. Privacy information for the Data Controller and also contact details of their Data Protection Officer can be found on Lichfield District Council’s website https://www.lichfielddc.gov.uk/
This privacy notice only addresses the circumstances where data is processed by LWM Traded Services acting as a Data Controller.
We have appointed a Data Protection Officer who is responsible for managing our Data Protection responsibilities and for ensuring that we comply with our legal obligations relating to personal information. The Data Protection Officer can be contacted at dpofficer@lwmts.co.uk or by contacting our office at the above address.
What data do we process and what is our legal basis for processing?
Personal data, or personal information, means any information about a living individual from which that person can be identified. It does not include data where the identity has been removed (anonymous 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,
- Where we need to comply with a legal obligation,
- Where we have a legitimate interest to do so,
- Where we need to protect vital interests (emergency situations on our premises).
Generally, we do not rely on consent as a legal basis for processing personal data. However, we will get your consent in respect of marketing communications sent to you via email or text message. You have the right to withdraw your consent to marketing at any time by contacting us.
We collect, store, and use the following categories of personal data about you, and we list our legal basis for processing:
- Contact details, such as: your full name, email address, home address, telephone numbers. (Article 6(1)(b).
- Emergency contact details (Article 6(1)(b & d).
- Identity details, such as: date of birth, gender, national insurance number, other documents confirming identity and place of residence. (Article 6(1)(b).
- Financial information, such as: bank or building society account details. (Article 6(1)(b).
- Vendor or supplier information, such as: employee contact details & financial information for the organisation.
- Accident information, such as accident book entries, first aid records, injury on our premises and third-party accidents (Article 6(1)(c) & Article 9 (2)(b).
- Correspondence, such as: emails, letters and other communications with or about you. (Article 6(1)(b,c&f).
- Monitoring information, such as: information obtained from CCTV footage or the use of our website or IT systems. (Article 6(1)(f).
- Recruitment information, such as CV’s and any other information relating to recruitment. (Article 6(1)(b).
- Equal opportunity information such as information about ethnicity, disability, trade union membership, marital status, gender, but only if provided by you. (Article 6(1)(c) & Article 9 (2)(b).
- Technical & Usage Data such as your IP address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website. (Article 6(1)(f).
- Marketing and Communications Data such as your preferences in receiving marketing from us and your communication preferences. (Article 6(1)(a).
Please note the above list is not exhaustive but gives an indication of the data we collect and our legal bases for processing your personal data.
Special category data such as:
- race or ethnicity,
- religious or philosophical beliefs,
- sex life, sexual orientation,
- political opinions,
- trade union membership,
- information about your health,
- genetic or biometric data (for identification purposes).
LWM Traded Services will only collect special category data where appropriate and we will collect the minimum amount of data necessary and will ensure the security of your information is our priority.
If you fail to provide personal data to us
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. In this case, we may have to cancel the service but we will notify you if this is the case at the time.
Updating or changing your personal data
Please do help us keep your personal data up to date by notifying us of any changes to your personal information such as your name or address etc.
How do we collect your personal data?
We collect your personal data when you provide it to us such as when access our website or you contact us with an enquiry. Your personal data may also be collected over the telephone, by post, by email or online through the LWM Traded Services website. Third parties may also provide your personal data to us.
Purposes of our processing
We may use your personal information for the following purposes:
- Comply with health and safety regulations,
- Monitor use of our facilities,
- Respond to queries or complaints,
- Respond to legal disputes,
- Deal with accidents on our premises,
- To prevent fraud,
- For recruitment purposes,
- For planning & property purposes,
- To process Disabled Facilities Grants,
- To provide leisure services,
- Carry out business management and planning, for example accounting, auditing or for business continuity,
- To conduct data analytics studies to review and better understand the customer retention and attrition rates,
- To monitor visitor access to our buildings,
- To assess applications for employment,
- To market you with relevant promotional emails and newsletters.
Please note this list is not exhaustive but gives an indication of the processing activities we undertake.
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.
In the unlikely event that 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.
Who we share your data with
We may share your personal data in the following circumstances:
- Within LWM Traded Services,
- With Lichfield District Council,
- Other Local Authorities, including social care teams,
- Occupational Therapy/health care professionals,
- Landlords (where applicable),
- With relevant government authorities where required by law, e.g., for tax reporting, benefits provision,
- With HM Revenue & Customs who require reporting of processing activities in certain circumstances,
- With third party contractors providing building services as part of our framework agreements,
- Where we are using contracted service partners for services such as IT, HR platform, web development, hosting and system administration, email communications,
- With Payment providers, we will share relevant information relating to your financial information in order to process card payments,
- To any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person,
- To enforce or apply our Terms of Service or other agreements or to protect LWM Traded Services and its customers (including with other companies and organisations for the purposes of fraud protection and credit risk reduction),
- To any other person with your consent to the disclosure.
As a Data Controller we ensure all our third-party service providers and other entities in LWM Traded Services 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. A list of third parties who we may share your data with can be obtained from our Data Protection Officer.
As a Data Processor we ensure we have the relevant contractual clauses, data sharing agreements or information sharing agreements in place to comply with the Data Protection legislation.
International transfers
Our data is typically hosted in the UK and other parts of the EEA, there are however some of our contracted technical service providers that process data from outside of the EEA. Where these transfers and any other transfers that may occur in the future are concerned, we ensure that there is a legal basis for the transfer and a lawful transfer mechanism in place prior to any transfers in place, in accordance with Data Protection legislation.
Any such transfers are currently done using either a transfer to a country with an adequacy ruling, or if a third country, using the UK International Data Transfer Agreement (IDTA), or the European Commission Standard Contractual Terms (SCC’s) with the UK ICO Standard Contractual Clauses Addendum and the relevant transfer impact assessments. Should the international data transfer requirements change, we will review the obligations and amend this notice as appropriate. More information can be obtained by contacting our Data Protection Officer.
Data Security
We take the security of your information very seriously. We have 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.
Use of Cookies
Our website may use Cookies to enhance your experience and to improve the functionality of our site. We generally use Cookies to remember your preferences, to analyse your how visitors use our site and to provide personalised content and advertising. You can choose your preferences in respect of Cookies in your browser settings.
We may also use automatic data capture technologies, such as web beacons and pixels, to track user activity on our site. These technologies allow us to collect information about your browsing behavior, such as the pages you visit and the links you click. We use this information to analyze user behavior, to improve our website, and to provide personalized content and advertising.
Data Retention
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
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, regulatory, tax, accounting or other requirements. Please contact our DPO for further information about retention and our schedule.
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
Right to be informed by the provision of a privacy notice when your personal information is processed.
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 rectification 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.
Right to 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 situation which makes you want to object to processing on this ground. You also have the absolute 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.
Request the transfer of your personal information to another party.
Automated decision making, including profiling We do not envisage that we will conduct any automated processing including profiling, however we will inform you if this changes.
In the limited circumstances where you may have provided your consent to the processing of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time.
Generally, you will not have to pay a fee to exercise any of your legal rights. However, we are entitled to charge a reasonable fee or refuse a request if it is clearly unfounded, repetitive or excessive. We may need to request information from you to confirm your identity, in order to make sure that personal data is not disclosed to someone who is not entitled to have it. We may also need to ask you for additional information to help us respond to your request.
We will endeavour to respond to your request within one month but, if the request is very complex or if you have made a number of requests, we are legally able to extend the request by an additional two months. In such circumstances we will keep you updated.
To exercise your rights please contact our Data Protection Officer in the first instance at dpofficer@lwmts.co.uk
Your right to complain
We would encourage you to contact us, in the first instance, if you are unhappy with any aspect of the way in which we process your personal data. You can get in touch with our Data Protection Officer using the details provided above.
If you are not satisfied with the outcome of your complaint, you have the right to refer such matters to the ICO (www.ico.org.uk). It is worth noting the ICO expect individuals to exhaust the complaints process internally before referring complaints to them.
Changes to this privacy notice
From time to time, we may revise this Privacy Notice. Any such changes will be reflected on this page. LWM Traded Services recommends that you review this Privacy Notice regularly for any updates. The date on which this notice was last revised is located below.