DELETION OF PERSONAL DATA AFTER IT IS NO LONGER REQUIRED FOR HMRC COMPLIANCE
POLICY:Our records will be kept for 6 years from the end of the financial year they relate to, after which they will be deleted and securely destroyed within a month.
PROCEDURE: After each financial year the ‘firstname.lastname@example.org’ email address, AND any others through which personal data may have been provided to us will be checked for any emails containing personal data, especially those submitted through the website form that are no longer needed for our records. These will be deleted and securely destroyed.
(In essence, emails containing personal data from more than 6 years ago must be deleted according to our policy.)
REQUEST FOR ACCESS TO, AMENDMENT OF OR DELETION OF PERSONAL DATA ON RECORD
POLICY: If you have given us information about yourself and would like copies of that information, or if you would like us to correct any factual inaccuracies in that information, or if you would like that information deleted from our records, then please write to: E.J.B.Developments Ltd, 125 Victoria Road, Romford, RM1 2LX, UK, marking it “E.J.B.Developments Website”. You can also request access to, amendment of or deletion of your personal data by emailing us at ‘email@example.com’. We will use reasonable efforts to supply, correct or delete information about you on our files in a reasonable timeframe.
PROCEDURE: As outlined in the policy above. Requests must be received by post, or email. They will then be acted upon within 30 days.
IT IS DEEMED NECESSARY TO PASS NAME AND EMAIL ADDRESS ONTO THE ELECTED SALES AGENT AND/OR SOLICITOR TO PROPERLY DEAL WITH A QUERY
POLICY: To fully answer your query it may be necessary to pass relevant information onto our elected Sales Agent and/or Solicitor, when this is necessary, E.J.B.Developments Ltd will send only your Name and Email address so that the elected Sales Agent can answer your query. If further details need to be passed on, we will seek your explicit consent to do so by email.
PROCEDURE: In compliance with the ICO Article 6(1) (f):
“processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.”
Legitimate Interest is a sufficient basis for passing on data in this manner. This is because data will only be used in ways that people would reasonably expect and that have a minimal privacy impact. This data will only be given to our elected sales agent if it is deemed necessary, in such cases, passing on of email address and name is necessary for the elected sales agent to begin direct communication with the client to resolve their query. Where it is not necessary to pass on personal data, it will not be passed on.
See the LIA for a fuller analysis and justification of use of Legitimate Interests. It is in the GDPR folder.
IT IS NECESSARY TO PASS ON PERSONAL DATA OTHER THAN NAME AND EMAIL/ IT IS NECESSARY TO PASS PERSONAL DATA TO ANYONE BUT OUR ELECTED SALES AGENT AND/OR SOLICITOR.
POLICY: To fully answer your query it may be necessary to pass information onto our elected Sales Agent and/or Solicitor, when this is necessary, E.J.B.Developments Ltd will send only your Name and Email address so that the elected Sales Agent can answer your query. If further details need to be passed on, we will seek your explicit consent to do so by email.
PROCEDURE: The client in question must be contacted to gain explicit consent to pass on the necessary information to the appropriate party. Consent is therefore the basis for data processing in such scenarios.
FOR ANY REASON, IT IS POSSIBLE THAT PERSONAL DATA ON OUR RECORDS WAS VULNERABLE
POLICY: In the event of any event that means your data may have been vulnerable, you will be informed.
PROCEDURE: All people whose personal data may have been vulnerable must be informed. This will be done using the email address we have on our records, allowing us to inform a potentially large number or people as quickly as possible.
Legitimate Interests Assessment: Passing of data to elected sales agents and/or Solicitor:
FROM ICO WEBSITE: WHAT IS AN LIA:
If you want to rely on legitimate interests, you can use the three-part test to assess whether it applies. We refer to this as a legitimate interests assessment (LIA) and you should do it before you start the processing.
An LIA is a type of light-touch risk assessment based on the specific context and circumstances. It will help you ensure that your processing is lawful. Recording your LIA will also help you demonstrate compliance in line with your accountability obligations under Articles 5(2) and 24. In some cases an LIA will be quite short, but in others there will be more to consider.
First, identify the legitimate interest(s). Consider:
We are trying to provide clients with a full response to their query, to do this it can be necessary to pass limited data on to our elected sales agent and/or Solicitor. This will allow us to provide a full response to the query.
The client benefits as their query will be dealt with quicker than if explicit consent were to be asked for. The elected sales agent and/or Solicitor benefits too as they are supplied with the simple details that allow them to provide us with information relating to a given query.
They allow the query to be answered in a timely fashion that will increase chance of custom, while also providing a seamless experience for the client when contacting both the elected sales agent and/or Solicitor and EJB Developments Ltd.
It is possible that people that may have otherwise become customers will not respond to requests for consent that will then prevent EJB Developments Ltd from providing a full response to their query. Not being able to pass on limited details to the elected sales agent and/or Solicitor will mean that taking up communication with the elected sales agent and/or Solicitor will be a far less seamless experience for the customer. As we are a construction company, clients expect information to be passed onto the elected sales agent and/or Solicitor in cases when they clearly deal with a given aspect relating to our core business, namely selling houses.
Second, apply the necessity test. Consider:
Yes. Use of contract or seeking additional consent to pass on limited data would make communications between potential clients, elected sales agents and/or Solicitor and ourselves far more convoluted.
Yes. Only minimal details are passed on – the bare minimum for the sales agent and/or Solicitor to take up contact with the client, which would reasonably be expected by them in some scenarios e.g. requesting a viewing of a house.
This is the least intrusive way. This method avoids asking for additional details on the behalf of our sales agent and/or Solicitor and avoids additional, unnecessary contact to gain consent to provide a service that is often expected when establishing contact with EJB Developments Ltd.
Third, do a balancing test. Consider the impact of your processing and whether this overrides the interest you have identified. You might find it helpful to think about the following:
They are likely a new potential client enquiring about our core business or person needing clarification about our business e.g. whether we would consider operating in certain areas of the county.
Yes. In queries relating to matters dealt with by the elected Sales Agent and/or Solicitor, this will be expected. E.g. Booking a viewing.
No. However, if they do, we can ensure their details are removed from our records in compliance with the latest DPA and GDPR regulations.
The worst possible scenario is that their name and email address fall into the hands of a party that should not have received them. This is however very unlikely due to the measures undertaken to prevent misuse of data, undertaken by EJB Developments Ltd.
If you would like your details on record to be removed, amended or shared with you, it is as easy to do this as to share them in the first place – by email. (Also explained on the contact us page).