Privacy Notice

BERRY SMITH LLP
PRIVACY NOTICE

March 2020

Contents

Berry Smith LLP respects your privacy and is committed to protecting your personal data.

This Privacy Notice will inform you as to how we look after your personal data, tell you about your privacy rights and how the law protects you.

1 - PURPOSE OF THIS PRIVACY NOTICE

1.1 - This Privacy Notice aims to give you information on how Berry Smith LLP collects and processes your personal data.

1.2 - It is important that you read this Privacy Notice so that you are fully aware of how and why we are using your data.

2 - CONTACT DETAILS

Our full details are:

Full name of legal entity: Berry Smith LLP

Name or title of Data Privacy Manager: Barbara Anderson

Email address: BAnderson@berrysmith.com

Postal address: Berry Smith LLP Haywood House Dumfries Place, Cardiff, CF10 3GA

3 - CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OT CHANGES

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.

4 - THE DATA WE COLLECT ABOUT YOU

4.1 - Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as:

“any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

4.2 - 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.
  • 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 our website.
  • Profile Data may include your username and password on our website, purchases or orders made by you, your preferences, and feedback and survey responses.
  • Usage Data may include information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

4.3 - 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 in law 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 feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

4.4 - Special Categories of Personal Data this may include 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). We do not normally collect any special categories of data, nor or do we collect any information about criminal convictions and offences. However if we do need to processes such data we will ask for your explicit consent to do so.

5 - 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 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.

6 - WE USE DIFFERENT METHODS TO COLLECT DATA FROM AND ABOUT YOU INCLUDING THROUGH:

6.1 - Direct interactions

You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • apply for our products or services;
  • create an account on our website;
  • subscribe to our service or publications;
  • request marketing to be sent to you;
  • enter a promotion or survey; or
  • give us some feedback.

6.2 - Automated technologies or interactions

As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies.

6.3 - Third parties or publicly available sources

We may receive personal data about you from various third parties and public sources as set out below:

  • Technical Data from analytics providers such as Google; advertising networks and search information providers.
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
  • Identity and Contact Data from data brokers or aggregators.
  • Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register.

7 - HOW WE USE YOUR PERSONAL DATA

7.1 - 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.

7.2 - 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.

8 - PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

8.1 - 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.

8.2 - 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 contacts 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:
Manage payments, fees and charges
Collect and recover money owed to us

  • Identity
  • Contact
  • Financial
  • Transaction
  • Marketing Communications
Performance of a contract with you
Necessary for our legitimate interests (to recoverdebts due to us)

To manage our relationship withyou which will include:

Notifying you about changesto our terms or privacy policy
Asking you to leave a review or take a survey

  • Identity
  • Contact
  • Profile
  • Marketing Communications
Performance of a contract with you
Necessary to comply with a legal obligation
Necessary for our legitimate interests (to keep our records updated and to study how customers use our products / services)
To enable you to partake in a prize draw, competition or complete a survey
  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing Communications
Performance of a contract with you
Necessary for our legitimate interests (to study how customers use our products / services, to develop them and grow our business)
To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
  • Identity
  • Contact
  • Technical
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing Communications
  • Technical
Necessary for our legitimate interests (to study how customers use our products / services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products / services, marketing, customer relationships and experiences
  • Technical
  • Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest yo you
  • Identity
  • Contact
  • Technical
  • Usage
  • Profile
Necessary for our legitimate interests (to develop our products/services and grow our business)

9 - MARKETING

9.1 - We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal  data  control mechanisms:

  • Promotional material from us. 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. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
  • You will receive marketing communications from us if you have requested information from us or purchased products or services from us and, in each case, you have opted in to receiving that marketing.
  • Third-party marketing. We will get your express opt-in consent before we share your personal data with any company outside [Berry Smith LLP] for marketing purposes.
  • Opting out. You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.
  • 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, product/service experience or other transactions.
  • Cookies. Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.
  • To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

10 - CHANGE OF PURPOSE

10.1 - 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.

10.2 - 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.

10.3 - 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.

11 - DISCLOSURES OF YOUR PERSONAL DATA

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

  • Internal Third Parties: other companies or departments in the [Berry Smith LLP] acting as processors or joint controllers and provide IT and system administration services and undertake leadership reporting
  • External Third Parties: service providers acting as processors based who provide IT and system administration services
  • 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. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.
  • Professional advisers: acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.

11.2 - We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

12 - INTERNATIONAL TRANSFERS

12.1 - Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

12.2 - Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

13 - DATA SECURITY

13.1 - 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.

13.2 - 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.

14 - DATA RETENTION

14.1 - 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.

14.2 - 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.

14.3 - 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.

15 - YOUR LEGAL RIGHTS

15.1 - Under certain circumstances, you have rights under data protection laws in relation to your personal data to request the following:

  • access to your personal data.
  • correction of your personal data.
  • erasure of your personal data.
  • object to processing of your personal data.
  • restrict of processing your personal data.
  • transfer of your personal data.
  • withdraw consent to any consent that you have previously given.

15.2 - If you wish to exercise any of the rights set out above, please contacts us. You can also contact the Information Commissioner's Office via https://ico.org.uk/ for information, advice or to make a complaint.

15.3 - 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 clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

16 - 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 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. We may also contact you to ask you for further information in relation to your request to speed up our response.

17 - TIME LIMIT TO RESPOND

We try to respond to all legitimate 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.

 

Candidate Privacy Policy

November 2020

1.WHAT IS THE PURPOSE OF THIS DOCUMENT?

Berry Smith LLP is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. You are being sent a copy of this privacy notice because you are applying for work with us (whether as an employee, worker or contractor). It makes you aware of how and why your personal data will be used, namely for the purposes of the recruitment exercise, and how long it will usually be retained for. It provides you with certain information that must be provided under the General Data Protection Regulation ((EU) 2016/679) (GDPR).

2. DATA PROTECTION PRINCIPLES

We will comply with data protection law and principles, which means that your data will 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.

3. THE KIND OF INFORMATION WE HOLD ABOUT YOU

In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you:

  • the information provided to us in your curriculum vitae and covering letter;
  • the information you have provided on our application form, including name, title, address, telephone number, personal email address, date of birth, gender, employment history and qualifications;
  • any information you provide to us during an interview.
  • qualifications and exam results.
  • We  may  also  collect,  store  and  use  the  following  types  of  more  sensitive  personal information:
  • information about your race or ethnicity, religious beliefs, sexual orientation and political opinions;
  • information about your health, including any medical condition, health and sickness records;
  • information about criminal convictions and offences.

4. HOW IS YOUR PERSONAL INFORMATION COLLECTED?

We collect personal information about candidates from the following sources:

  • You, the candidate.
  • Recruitment agencies, from which we collect the following categories of data:
  • information provided in you curriculum vitae and covering letter
  • information you have provided to recruitment website or agency, including name, title, address, telephone number, personal email address, date of birth, gender, employment history, qualifications
  • information you have provided on application forms, including  name,  title, address, telephone number, personal email address, date of birth, gender, employment history, qualifications
  • information you have provided directly to recruitment agency
  • Your named referees, from whom we collect the following categories of  data: your employment history, your qualifications and skills and suitability for the role.
  • Disclosure and Barring Service in respect of criminal convictions.
  • Data from a publicly accessible source such as social media and website profiles.

5. HOW WE WILL USE INFORMATION ABOUT YOU?

We will use the personal information we collect about you to:

  • assess your skills, qualifications, and suitability for the role;
  • carry out background and reference checks, where applicable;
  • communicate with you about the recruitment process;
  • keep records related to our hiring processes;
  • comply with legal or regulatory requirements.
  • It is in our legitimate interests to decide whether to appoint you to the role since it would be beneficial to our business to appoint someone to that role.
  • We also need to process your personal information to decide whether to enter into a contract of employment with you.
  • Having received your CV and covering letter or your application form, we will then process that information to decide whether you meet the basic requirements to be shortlisted for the role. If you do, we will decide whether your application is strong enough to invite you for an interview. If we decide to call you for an interview, we will use the information you provide to us at the interview to decide whether to offer you the role. If we decide to offer you the role, we will then take up references before confirming your appointment.

6. IF YOU FAIL TO PROVIDE PERSONAL INFORMATION

If you fail to provide information when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application successfully. For example, if we require a credit check or references for this role and you fail to provide us with relevant details, we will not be able to take your application further.

7. HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION

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

  • We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test or interview.
  • 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.

8. INFORMATION ABOUT CRIMINAL CONVICTIONS

We may process information about criminal convictions.

We may collect information about your criminal convictions history if we would like to offer you the role (conditional on checks and any other conditions, such as references, being satisfactory). We may be entitled to carry out a criminal records check in order to satisfy ourselves that there is nothing in your criminal convictions history which makes you unsuitable for the role. In particular:

  • We may be legally required to carry out criminal record checks for those carrying out your particular role.
  • Your role may be listed on the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (SI 1975/1023) and/or specified in the Police Act 1997 (Criminal Records) Regulations (SI 2002/233) making it eligible for a standard or enhanced check from the Disclosure and Barring Service.
  • Your role may require a high degree of trust and integrity and so we may ask you to seek a basic disclosure of your criminal records history.

We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data.

9. AUTOMATED DECISION-MAKING

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.

10. DATA SHARING

Why might you share my personal information with third parties?

We will only share your personal information with third parties for the purposes of processing your application, such as recruitment agencies. All our third-party service providers and other entities in the group 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.

11. DATA SECURITY

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.

12. DATA RETENTION

How long will you use my information for?

We will retain your personal information for a period of 6 months after we have communicated to you our decision about whether to appoint you to the role. We retain your personal information for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your personal information in accordance with our data retention policy and applicable laws and regulations.

If we wish to retain your personal information on file, on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will write to you separately, seeking your explicit consent to retain your personal information for a fixed period on that basis.

13. RIGHTS OF ACCESS, CORRECTION, ERASURE AND RESTRICTION

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 Chris Beames in writing.

14. RIGHT TO WITHDRAW CONSENT

When you applied for this role, you provided consent to us processing your personal information for the purposes of the recruitment exercise. You have the right to withdraw your consent for processing for that purpose at any time. To withdraw your consent, please contact Chris Beames. Once we have received notification that you have withdrawn your consent, we will no longer process your application and, subject to our retention policy, we will dispose of your personal data securely.

15. DATA PROTECTION MANAGER

We have appointed a data Protection Manager to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the Data Protection Manager, Chris Beames. 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.