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Data Protection

 What is this Notice for?

We take issues relating to your personal data very serious.

This notice is to explain more to you about how we handle personal data. It is important that you read this, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you or your staff so that you are aware of how and why we are using such information.

What does various terms mean?

“Personal Data” means recorded information we collect, store or hold about individuals from which a person can be identified. It may include the following:-

  • Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses or company email addresses.
  • Date of Birth
  • Gender
  • Marital status and dependants
  • Payroll records and tax status information
  • Salary, annual leave, pension and benefits information
  • Start date
  • Location of employment or workplace
  • Driving and other licences
  • Recruitment information (including copies of right to work documentation, references and

other information included in a CV or cover letter or as part of the application process)

  • Employment records (including job titles, work history, working hours, training records and

professional memberships)

  • Compensation history
  • Performance information
  • Disciplinary and grievance information
  • Photographs
  • Information about qualifications a person holds

“Processing” means doing anything with the data, such as accessing, disclosing, destroying or using the data in any way.

“Sensitive Personal Data” or “Special Categories of Data” includes

  • Information about a persons physical or mental health or condition
  • Racial or ethnic or religious or similar information
  • Political opinions
  • Information about a persons sexual life
  • Information about a persons criminal record or criminal proceedings
  • Whether you are a trade union member or not
  • Biometric information
  • Genetic information

How is personal data collected?

Typically you have given us the data in relation to a matter we are advising on. We do not buy in personal data for marketing purposes.

Occasionally we are passed details by a third party such as an accountant, HR consultant, solicitor etc where they ask us to contact a person because the require our assistance. In such cases if a person does not wish to proceed to instruct us we will not retain any records.

What purposes do you use personal data for?

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

  • Where we need to perform the contract we have entered into with you.
  • Where we need to comply with a legal obligation
  • 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.
We may also use personal data in the following situations, which are likely to be rare:

  • Where we need to protect your interests (or someone else`s interests).
  • Where it is needed in the public interest or for official purposes.

What if there is a change of purpose?

We will only use your personal data for the purposes for which we collected it or are given unless we reasonably consider that we need to use it for another reason and that reason is compatible wit the original purpose. If we need to use personal data for an unrelated purpose, we will notify you and we will explain the legal basis which we believe, allows us to do so.

Please note that we may process your personal data without an individuals knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How do we use particularly sensitive personal information?

“Special Categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances;

  • In limited circumstances, with the explicit written consent of a person.
  • Where we need to carry out our legal obligations and in line with this data protection notice. Usually we are processing this type of information where it is needed in relation to legal claims or where it is needed to protect someone’s interests and an individual is not capable of giving consent, or where they have already made the information public.

What safeguards are in place?

  • • • • • • • •

Processed fairly and lawfully
Processed for limited purposes and in an appropriate way
Adequate, relevant and not excessive for the purpose
Accurate
Not kept longer than necessary for the purpose
Processed in line with individuals rights
Secure
Not transferred to people or organisations situated in countries without adequate protection. (we don`t transfer any client data outside of the EU)

We will
amended when we are made aware that it is out of date. Please notify us if your data changes or if you become aware of any inaccuracies in the personal data we hold about you.
We will not keep data for longer than necessary for the purpose of carrying out our contract.

We will ensure that appropriate measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.

We will take the following steps to protect data;

  • Staff are trained in relation to the importance of privacy and data security • We do not use social media
    • Verification of recipients of emails before they are sent

We will only pass your data to third parties where you have asked us to. For example, you might ask us to refer your contact details to other professionals. We only make referrals of this kind when consent has been expressly given. We do not sell any data or pass any data to other organisations.

We will not disclose your personal data to a third party without your consent unless we are satisfied that they are legally entitled to the data. Where we do disclose your personal data to a third party, we will have regard to the eight data protection principles. We will only transfer personal data to a third party if they agree to comply with those procedures and policies, or if they put in place adequate measures themselves.

What rights do I have?

It is important that the personal information that we hold for you is accurate and current. Please keep us informed if any of your personal information changes during your relationship with us.

Your rights in connection with personal information

Under certain circumstances, by law individuals have the right to;

  • Request access to your personal information (commonly known as a “data subject access request”) This enables a person to receive a copy of the personal data we hold about them and to check that we are lawfully processing it.

keep personal data we store accurate and up to date. Data that is inaccurate will be

  • Request correction of personal information that we hold about them. This enables them to have any incomplete or inaccurate information we hold about them corrected.
  • Request the erasure of personal information. This enables a person to ask us to delete or remove personal data where there is no good reason for us continuing to process it. They also have the right to ask us to stop processing personal information where we are relying on a legitimate interest and there is something about there particular situation which makes them want to object to processing on this ground.
  • Request the restriction of processing of personal information. This enables a person to ask us to suspend the processing of personal data about them, for example if they want us to establish its accuracy or the reason for processing it.
  • Request the transfer of personal information to another party.

If a person wants to review, verify, correct or request erasure of their personal data, object to the processing of personal data, or request that we transfer a copy of your personal information to another party, please contact MCL directly.

What we may need

We may need to request specific information from a person to help us confirm their identity and ensure their right to access the information (or to exercise any of their other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Anyone has the right to make a complaint at anytime to the Information Commissioners Office (ICO), the UK supervisory authority for data protection issues.

We reserve the right to update this privacy notice at any time, and we will provide a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about processing of your personal information.