1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS POLICY
This Policy is issued on behalf of the Indigo group of companies (including any subsidiaries and holding company). References to Indigo, We, Us or Our in this Policy, are referring to the relevant company in the Group responsible for processing your data. Details of the Group companies covered by this Policy are set out in Section 10 below. We will notify you as to which Group member is the controller for your data when you purchase or subscribe to a product or service.
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Policy. If you have any questions about this Policy, including any requests to exercise your legal rights, please contact the DPO using the Contact Details below.
Full name of legal entity: Please refer to Section 10 below.
Email address: firstname.lastname@example.org
Postal address: Indigo, Tec Marina, Terra Nova Way, Penarth, CF64 1SA
Telephone number: 01443 809000
DPO: Rhys Jenkins (Group Operations Director)
You have the right to complain at any time to the UK data protection regulator, the Information Commissioner’s Office (ICO), (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact Us in the first instance.
CHANGES TO THE POLICY AND YOUR DUTY TO INFORM US OF CHANGES
We keep Our Policy under regular review. This version was last updated on 1 February 2022.
It is important that personal data We hold about you is accurate and current. Please keep Us informed if the personal data we hold changes.
Our website and / or Our platform may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave Our website, We encourage you to read the privacy notice of every website you visit.
2. The data we collect about you
Personal data 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 use different kinds of personal data about you. The data we collect will be dependent on the product and/or service you are interested in or have to agreed to receive information on. We have grouped together examples of the type of data we collect as follows:
Identity Data: first name, last name, middle name, title, date of birth, gender, marital status, next of kin, national insurance number, nationality, job title, qualifications, documentation including identity data about you, including utility bills, driving licence, visa, settled and residency status information and passport;
Contact Data: email (personal and work), address and telephone number(s), emergency contact numbers;
Transaction Data includes details about payments to and from You, and other details of products and services you have purchased from Us or purchased from or provided to other members of a chain;
Chain Data includes data associated with your participation in a chain, including your relationship with members above or below you, including any project specific data where applicable;
Technical Data includes internet protocol (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 and/or platform;
Financial Data bank account information (including account number, payroll information, sort code, bank name and account holders name), salary, pension and benefits, student loan information and tax status;
Profile Data includes your username and password, purchases made by you, your interests, trade membership details (excluding trade unions) preferences, feedback and survey responses, and verification results;
Usage Data includes information about how you use Our website, platform, products and services;
Payroll and HR Data: Identity Data, Profile Data and Financial Data together with annual leave, start date, leave date, reason for leaving, recruitment information including CV and job application date, employment records including job title, work history, working hours, holidays, training records, performance data, disciplinary and grievance information, HMRC employment status information;
Marketing and Communications Data includes your preferences in receiving marketing from Us and Our third parties and your communication preferences;
Special Categories: strictly as necessary to enable us to carry out our rights and responsibilities, We may collect information about your medical history, sickness and absence records and any criminal convictions and offences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data as this data does not directly or indirectly reveal your identity. For example, We may aggregate your Usage Data to calculate the percentage of users accessing a specific website or platform feature.
Where verification checks are undertaken, we may process biometric data to verify your identity through a liveness test. We do not collect any other 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, criminal convictions and offences, trade union membership, information about your health and genetic data).
If you fail to provide personal data
Where We need to collect personal data by law, or under the terms of a contract We have with you and you fail to provide that data when requested, We may not be able to perform the contract with you. In this case, We may have to cancel a product or service you have with Us.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
Direct interactions. You may give Us your Identity Data, Contact Data and Financial Data by filling in forms or by corresponding with Us by post, online, phone, email or otherwise. This includes personal data you provide when you:
apply for Our products, services or features;
create an account on Our platform;
subscribe to Our products, services, features or publications;
respond to an invitation by a member to provide information to Us;
request marketing to be sent to you;
enter a competition, promotion or survey; or
give Us some feedback.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
Chain, transaction, project or other data from members of a chain;
Technical Data from the following parties:
analytics and search information providers such as Google or Bing based outside the EU;
advertising networks based inside the UK or EU.
Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Creditsafe based inside the EU;
Identity and Contact Data from data brokers, aggregators or publicly available sources such as Companies House, Land Registry and the Electoral Register based inside the EU;
Marketing Data from third parties which may include Hubspot Inc, Barbour ABI and Glenigan Limited;
Phone calls may also be recorded for security and for the purpose of assisting and enabling us to perform any contract or obligation with you. We may also record calls for the purpose of internal training and information.
4. HOW WE USE YOUR PERSONAL DATA
We only use your personal data when the law allows Us to. Most commonly, We use your personal data where:
we are performing a contract We are about to enter into or have entered into with you;
it is necessary for Our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
We need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, a description of the ways We may use your personal data, and which of the legal bases We rely on to do so.
In respect of marketing:
Where you have indicated an interest in our products or services, for example through purchasing from Us, We may contract You from time to time about updates to Our products or services or related products or services that We think may interest You; this does not constitute direct marketing;
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what We think you may want or need, or what may be of interest to you;
You may change Your contract and marketing preferences at any time through Your Account on our Platform;
We maintain a marketing preference list; You may unsubscribe from our marketing communications at any time by clicking on the “unsubscribe link” in our electronic communications; amending Your Profile as described above or by contacting us at 01443 809000.
We will get your express opt-in consent before We share your personal data with any company outside Group for marketing purposes.
You can ask Us or third parties to stop sending you marketing messages at any time by contacting Us at any time or by logging into your account to change your preferences.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to Us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which We collected it, unless We reasonably consider that We need to use it for another reason and that reason is compatible with the original purpose.
If 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.
5. DISCLOSURES 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 paragraph 4 above.
External Third Parties:
Service providers acting as processors based in the United Kingdom who provide IT and system administration services;
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom 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 Providers such as GBG or Lexis Nexis Risk Services who provide part of Our or third party service providers’ identity verification services;
Members where you have agreed to participate in a chain;
Third parties to whom We may choose to sell, transfer, or merge parts of Our business or Our assets. Alternatively, We may seek to acquire other businesses or merge with them.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law.
6. INTERNATIONAL TRANSFERS
We share your personal data within the Group, however this will not involve transferring your data outside of the United Kingdom or the European Economic Area (EEA). We shall notify you if this position changes.
7. 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.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We 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, 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.
We keep basic information about Our customers (including Contact, Identity, Financial and Transaction Data) for six years, unless requested for a longer duration by Our customers.
If you have contacted Us for information purposes and you have not entered into a contract for services with Us, or signed up to use Our platform, We only retain your information on Our systems for a maximum of 12 months.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
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;
Request correction of the personal data that We hold about you. Subject to us verifying your request, this enables you to have any incomplete or inaccurate data We hold about you corrected;
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. We may not always be able to comply with your request of erasure for specific legal reasons;
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 restrict the processing of your personal data: (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.
If you wish to exercise any of the rights set out above, please contact Us.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, We may charge a reasonable fee if your request is unfounded, repetitive or excessive. Alternatively, We may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request information from you to help Us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
TIME LIMIT TO RESPOND
We try to respond to requests within one month. Occasionally it may take Us longer than a month if your request is particularly complex or you have made a number of requests. In this case, We will notify you and keep you updated.