VASWS Privacy Notice

VOLUNTARY ACTION SOUTH WEST SURREY PRIVACY NOTICE

This is the privacy notice of Voluntary Action South West Surrey. This notice applies to everyone that interacts with the organisation.

We respect your privacy and are determined to protect your personal data. The purpose of this privacy notice is to inform you as to how we collect, process and look after your personal data when you interact with the company, which includes visiting our website (regardless of where you visit it from), and accessing our projects and services. We will also tell you about your privacy rights and how the data protection laws protect you. The rules on processing of personal data are set out in the UK General Data Protection Regulation (the “UK GDPR”).

You must 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. This privacy notice supplements the other notices and is not intended to override them. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

This privacy notice covers the below subjects. Alternatively, you can request a PDF version of the policy at info@vasws.org.uk.

1. DEFINITIONS
2. WHO WE ARE AND IMPORTANT INFORMATION
3. THE PERSONAL DATA WE COLLECT ABOUT YOU
4. HOW WE COLLECT YOUR PERSONAL DATA
5. LEGAL BASIS FOR PROCESSING DATA
6. HOW WE USE YOUR PERSONAL DATA
7. WHY WE COLLECT AND USE DATA
8. SHARING YOUR PERSONAL DATA
9. TRANSFER OF DATA ABROAD
10. AUTOMATED DECISION MAKING
11. DATA SECURITY
12. DATA RETENTION
13. YOUR LEGAL RIGHTS
14. CHANGES TO OUR PRIVACY POLICY
15. QUERIES, QUESTIONS OR COMPLAINTS

 

1. DEFINITIONS

i. Data controller: A controller determines the purposes and means of processing personal data.

ii. Data processor: A processor is responsible for processing personal data on behalf of a controller.

iii. Data subject: Natural person.

iv. Data protection legislation: Means the data protection legislation enforce in the UK from time to time and includes the Data Protection 2018 (as amended) and the UK General Data Protection Regulation (UK GDPR).

v. Processing: Means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

vi. Third party: Means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

 

2. WHO WE ARE AND IMPORTANT INFORMATION

a) The data controller
Voluntary Action South West Surrey is the data controller and responsible for your personal data (collectively referred to as “Voluntary Action South West Surrey”, “we”, “us” or “our” in this privacy notice). This means that we decide how your personal data is processed and for what purposes. Our contact details are Voluntary Action South West Surrey, 39 Castle Street, Guildford, GU1 3UQ or alternatively we can be contacted at info@vasws.org.uk and 01483 504626. For all data matters contact our Data Protection Officer, Ian Ross, on 01483 504626 or info@vasws.org.uk.

b) Third-party information
This website 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.

 

3. THE PERSONAL DATA WE COLLECT ABOUT YOU

We obtain data either directly, from publicly accessible sources and from third-parties that agree to share data with us in order to perform our legitimate business interests. We process the following categories of your data:

a) Personal data
The UK GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of UK GDPR). For example: name, passport number, home address or private email address. Online identifiers include IP addresses and cookies. You can find out more about personal data from the Information Commissioners Office.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, last name, title, date of birth, age, gender, organisation, access needs, role, relationship to referrers and/or clients, GP details, websites, emergency contact details, NHS number.
  • Contact Data includes email address, telephone numbers, delivery address, billing address, residential address, organisational address, and fax information.
  • Financial Data includes bank account and payment card details.
  • Technical Data includes IP address, login data, browser type and version, location, operating system and platforms.
  • Profile Data includes any usernames and passwords used on our computer and network systems.
  • Marketing and Communications Data includes your communication preferences.

We also collect, use and share Anonymous Data such as statistical or demographic data for any purpose. Anonymous 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 Anonymous 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.

b) Special Categories of Personal Data
The UK GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of the UK GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.

We do collect some data about you that falls into the Special Categories of Personal Data, in accordance with Article 6 and Article 9 of the UK GDPR, and Section 1 of the Data Protection Act 2018. We have checked that the processing of the special category data is necessary for the purpose of the charity and are satisfied there is no other reasonable and less intrusive ways to achieve this purpose.

The data classified in the Special Categories of Personal Data that we collect includes details about ethnicity and sexual orientation, information about physical and mental health, and genetic and biometric data. We do not collect any information about religious or philosophical beliefs, sex life, political opinions or trade union membership.

c) Criminal Offence Data
The UK GDPR gives extra protection to personal data relating to criminal convictions and offences or related security measures. Whilst personal data about criminal allegations, proceedings or convictions is not considered special data, there are similar rules and safeguards for processing this type of data, to deal with the particular risks associated with it. In accordance with Article 6 of the UK GDPR and Paragraphs 1, 2, 10, 11, 12, 17, 18, 30 and 31 in Schedule 1 of the Data Protection Act 2018, we do collect information about criminal convictions and offences for safer recruitment purpose through our applications and DBS processes in line with safeguarding legislation.

We have checked that the processing of criminal offence data is necessary for the purposes we have identified and are satisfied there are no reasonable and less intrusive ways to achieve this purpose.

d) Failure to provide personal data
Where we need to collect your 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. We may require personal data as part of a statutory or contractual requirement, for example in order to enter into a contract, and failure to do so could lead to services being withheld or a contract being declined.

Please keep us informed if your personal data changes during your relationship with us. It is important that the personal data we hold about you is accurate and current.

 

4. HOW WE COLLECT YOUR PERSONAL DATA

We use different methods to collect data from and about you including through:

i. Directly: You may give us your identity, contact, financial, marketing and communications data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data and special categories of personal data you provide when you
a. Apply for our services.
b. Join our organisation.
c. Interact with the organisation.
d. Request correspondence from the organisation.

ii. Automated technologies or interactions: As you interact with our website and computer systems, 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.

iii. Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources for example if you are referred to our services by a health professional, governmental body or external agency.

 

5. LEGAL BASIS FOR PROCESSING DATA

a) Processing personal data
In conjuncture with Article 6 of the UK GDPR, we have a lawful basis for processing your general personal data when:

i. There is consent of the data subject, for example when providing a service to an individual.
ii. Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract, for example when joining the company as a volunteer or member of staff.
iii. Processing is necessary for compliance with a legal obligation, for example a legal contract with third parties.
iv. Processing is necessary to protect the vital interests of a data subject or another person, for example when accessing support services that the company provides.
v. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, for example in all projects carried out by the company (a list of our projects can be viewed on our website).
vi. Processing is necessary for the purposes of the legitimate interests of the data controller or a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the data subject.

b) Special Categories of Personal Data
In conjuncture with the UK GDPR, we satisfy at least one condition under Article 6 (see section 3a) and Article 9 to process special categories of data. Under Article 9 of the UK GDPR, we have lawful basis for processing special categories of personal data when:

i. There is explicit consent of the data subject, for example when consenting to a service being provided to an individual.
ii. Processing is necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement.
iii. Processing is necessary to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent.
iv. Processing relates to personal data manifestly made public by the data subject.
v. Processing is necessary for reasons of preventative or occupational medicine, for assessing the working capacity of an employee, medical diagnosis, the provision of health or social care or treatment or management of health or social care systems and services on the basis of data protection legislation or a contract with a health professional.
vi. Processing is necessary for the reasons of public interest in the area of public health.

More information on lawful processing can be found on the ICO website.

 

6. HOW WE USE YOUR PERSONAL 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:

i. Performance of Contract: this means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

ii. Legitimate Interest: this means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the most secure experience. We collect data to manage our accounts and records and we make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We additionally collect data to inform individuals of news, events or services which could be of use to them, but we do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting our Data Protection Officer, Ian Ross, on 01483 504626 or info@vasws.org.uk.

iii. Comply with a legal or regulatory obligation: this means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

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 on 01483 504626 or info@vasws.org.uk.

 

7. WHY WE COLLECT AND USE DATA

a) Core purposes for data collection
We have set out below a description of all the ways that we plan to use your personal data, with the legal bases we rely on to do so. 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 contact our Data Protection Officer 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 below.

Purpose/Activity:

  • To register you as a client on our system. We collect the following types of data: (a) Identity; (b) Contact; (c) Marketing and Communications; and (d) Special Categories of Personal Data. Lawful basis for processing including basis of legitimate interest:  (a) Necessary to comply with a legal obligation; and (b) Necessary for our legitimate interests
  • To register you as a referrer on our system. We collect the following types of data: (a) Identity; (b) Contact; and (c) Marketing and Communications. Lawful basis for processing including basis of legitimate interest: (a) Necessary to comply with a legal obligation; and (b) Necessary for our legitimate interests
  • To register you as a member of staff or a volunteer in the organisation. We collect the following types of data (a) Identity; (b) Contact; (c) Profile; (d) Technical; (e) Marketing and Communications; and (f) Financial. Lawful basis for processing including basis of legitimate interest: (a) Performance of a contract with you; (b) Necessary to comply with a legal obligation; and (c) Necessary for our legitimate interests
  • To manage our relationship with you, which will include: (a) Notifying you about changes to our terms and policies and (b) To purchase products or equipment that support the legitimate interests and overall maintenance of the organisation. We collect the following types of data: (a) Identity; (b) Contact; (c) Profile; (d) Marketing and Communications; and (e) Financial. Lawful basis for processing including basis of legitimate interest: (a) Performance of a contract with you; (b) Necessary to comply with a legal obligation; (c) Necessary for our legitimate interests
  • To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data). We collect the following types of data: (a) Identity; (b) Contact; and (c) Technical. Lawful basis for processing including basis of legitimate interest: (a) Necessary for our legitimate interests

b) Marketing and promotional materials
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
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.
You will not receive marketing communications from us unless you have opted in to receiving marketing communications. In order to safeguard privacy, you will be automatically opting out of receiving marketing communications until you decide to opt in.

c) Changes 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact our Data Protection Officer.
If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions, including 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.

 

8. SHARING YOUR PERSONAL DATA

a) Core data sharing
Your personal data will be treated as strictly confidential, and will be shared only when it is either necessary to comply with legal obligations, necessary for our legitimate business obligations, or necessary in order to fulfil a contract, (as stated in the table in section 5a). We may therefore share data with External Third Parties, including:

  • Providers, acting as processors, including Netbox, Viking Direct and Charity Log, based in the United Kingdom, who provide IT and system administration software, care planning software and company supplies
  • Professional advisers, acting as processors or joint controllers including Quick Books, Langton London Insurance Brokers, Ellis Whittam and CAF Bank, based in the United Kingdom, who provide finance, insurance, HR and Health and Safety Advice, and banking services.
  • Health, statutory, voluntary and charitable professionals and organisations, acting as processors or joint controllers, who provide health and additional referral services to clients
  • 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.

Please note that the list of third parties we share data with is not exhaustive and could change on a regular basis. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We will never sell your personal information to third-parties but we do allow our third-party service providers to use your personal data for their own purposes if it is part of a contracted agreement and in accordance with our instructions.

b) Third-Party Marketing
We will get your express opt-in consent before we share your personal data with any company outside Voluntary Action South West Surrey for marketing purposes. You can ask us or third parties to stop sending you marketing messages at any time by contacting Voluntary Action South West Surrey at info@vasws.org.uk. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of receiving a service from the company.

c) Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

 

9. TRANSFER OF DATA ABROAD

We do not transfer data outside the UK

 

10. AUTOMATED DECISION MAKING

We do not use any form of automated decision making in the business

 

11. 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, volunteers, 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.

 

12. DATA RETENTION

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.

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.

We keep your personal data for no longer than reasonably necessary. For information on how long we keep your information, please see our data retention policy (available on request).

In some circumstances you can ask us to delete your data: see section 13 below for further information. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

 

13. YOUR LEGAL RIGHTS

a) Data rights
Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data:

i. The right to request a copy of the personal data which we hold about you;
ii. The right to request that we correct any personal data if it is found to be inaccurate or out of date;
iii. The right to request your personal data is erased where it is no longer necessary to retain such data;
iv. The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data;
v. The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means);
vi. The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
vii. The right to object to our processing of personal data, where applicable i.e. where processing is based on our legitimate interests (or in performance of a task in the public interest/exercise of official authority); direct marketing or processing for the purposes of scientific/historical research and statistics).

If you wish to exercise any of the rights set out above, please contact our Data Protection Officer. For more information on the list of individual data rights, visit the ICO website.

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.

b) Fees
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 admin fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

c) Required information
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.

 

14. CHANGES TO OUR PRIVACY POLICY

This version of the privacy notice was updated on 21/01/2022.
Any changes we may make to our privacy policy in the future will be updated on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

 

15. QUERIES, QUESTIONS OR COMPLAINTS

To exercise all relevant rights, queries or complaints in relation to this policy or any other data protection matter between you and us, please in the first instance contact our Data Protection Officer.

If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England, UK.