Contents
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CLAUSE
- Introduction
- Definitions
- Data protection principles
- Important information and who we are
- The personal data we collect
- How is personal data collected?
- How we use your personal data
- Disclosures of your personal data
- International transfers
- Data security
- Data retention
- Your legal rights
- Glossary
Introduction
Welcome to the JHS HEALTH AND SAFETY CONSULTANTS LTD privacy notice.
JHS HEALTH AND SAFETY CONSULTANTS LTD are on the Information Commissioner’s Office (ICO) licence register. We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
This privacy notice is provided in a layered format, so you can click through to the specific areas set out below. Alternatively, you can download a pdf version of the policy here [LINK]]. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
Definitions
Personal Data – any information relating to an identified or identifiable natural person. Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data. Data subject – a natural person whose Personal Data is being Processed. Child – a natural person under 16 years of age. We/us (either capitalized or not) – JHS Health and Safety Consultants
Data Protection Principles
We promise to follow the following data protection principles:
- Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
- Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
- Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
- Processing is limited with time. We will not store your personal data for longer than needed.
- We will do our best to ensure the accuracy of data.
- We will do our best to ensure the integrity and confidentiality of data.
Important information and who we are
Purpose of this privacy notice
This privacy notice (together with our terms of use Terms of Website Use and any other documents referred to on it) aims to give you information on how JHS HEALTH AND SAFETY CONSULTANTS LTD collects and processes your personal data through your use of this website, including any data you may provide through this website when you contact us, sign up to our newsletter, take up an offer or promotion and or purchase a product or service.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing 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.
Controller
MR JOE ENDACOTT Director of JHS HEALTH AND SAFETY CONSULTANTS LTD is the controller and responsible for your personal data (collectively referred to as, JHS HEALTH AND SAFETY CONSULTANTS LTD “we”, “us” or “our”, in this privacy notice).
Also, he is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact him using the details set out below.
Contact details
Our full details are:
Full name of legal entity: JHS HEALTH AND SAFETY CONSULTANTS LTD
Name or title of controller: MR JOE ENDACOTT
Postal address: Okehampton Business Centre, Higher Stockley Mead, Okehampton, Devon EX20 1NX.
Telephone number: 01837 608192
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 (www.ico.org.uk). (Email: international.team@ico.org.uk) (Phone: +44 1625 545 745). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact JHS Health and Safety Consultants Ltd in the first instance.
Changes to the privacy notice and your duty to inform us of changes
This version was last updated on 25th May 2018 and historic versions can be obtained by contacting us.
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.
Third-party links
This website may include links to third-party websites, plug-ins and applications. These include, for example, the Health and Safety Executive and social media platforms, such as Facebook, Google My Business, LinkedIn, and Twitter. 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.
The personal data we collect
Personal data, or personal information, 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 collect, use, store and transfer different kinds of personal data about you for delivering you a product or service or to enhance your customer experience with us, which we have grouped together as 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 this website].
Profile Data includes [your username (and password on a need to know basis), purchases or orders made by you, your interests, preferences, feedback and survey responses].
Usage Data includes [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].
Your Business Data so we can analysis your business circumstances and fulfil our service to you.
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.
We do collect Special Categories of Personal Data about you and your workers, but strictly only if it is necessary to fulfil our service to you. We determine the conditions for this and only collect this type of data with a legitimate interest or with another legal basis. (Special Categories of Personal Data include details about race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, and information about health and genetic and biometric data). Usually, we only collect detail that relates to trade union membership and health and safety representatives.
We only collect any information about criminal convictions and offences if we have a specific legal basis to fulfil our services.
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.
How is personal data collected?
We use different methods to collect data from and about you, including through:
Direct interactions. You may give us your [Identity, Contact and Financial and Business Data] by filling in forms or by corresponding with us by post, phone, email or otherwise.
This includes personal data you provide when you:
- talk to us and or talk to us at networking events;
- apply for our products or services;
- create an account on our website;
- subscribe to our service or publications;
- contribute to a discussion board or our blog or social media pages and functions;
- request marketing or industry information to be sent to you;
- enter a competition, promotion or survey;
- give us some feedback, or;
- use our service, with data that can include, for example: details of business undertakings and depots; numbers of employees and subcontractors; names, roles and responsibilities of key workers; details within health, safety, environment and other relevant policies and arrangements; details within risk assessments, method statements and reviews; photographs; details on training certificates, records and training plans; details within accident, injury and incident reports; details within any communications from official authorities; details within SSIP scheme, other membership applications, or proof of competence documents; details within health, safety and environmental reports or similar information, and; insurance information.
Automated technologies or interactions. As you interact with our websites, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, [server logs] and other similar technologies. [We may also receive Technical Data about you if you visit other websites employing our cookies.] Please see our Cookies Policy, for further details].
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 the following parties: analytics and search providers such as Google based outside the EU.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Worldpay, Merchant Services, based outside EU.
- Identity and Contact Data from data brokers or aggregators such as The Federation of Small Businesses, or ScaffMag based inside the EU.
- Identity and Contact Data from publicly available sources [such as Companies House and the Electoral Register based inside the EU].
- Processing Data from partnering services such as Helmsman Services Ltd. based inside the EU.
- Identity and Contact Data from your, or potential clients, contractors, subcontactors, suppliers or third-party business partners.
- We might gather information about you provided, as good will, by your friend, acquaintance, colleague or associate, where they genuinely believe and recommend us to contact you should they believe you might benefit from our services.
How we use 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:
- 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.
Click on lawful basis to find out more about the types of lawful basis that we will rely on to process your personal data.
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. Click on the link to find out more about telephoning data subjects, without consent. You have the right to withdraw consent to marketing at any time by contacting JHS Health and Safety Consultants Ltd.
Purposes for which we will use personal data
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.
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 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 customer | (a) Identity | Performance of a contract with you |
| To process and deliver your order or services including:
(a) Manage payments, fees and charges |
(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) |
| To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy |
(a) Identity (b) Contact (c) Profile (d) Marketing and Communications (e) Business |
(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) 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 | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications |
(a) Performance of a contract with you (b) 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 this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity (b) Contact (c) Financial (d) Transaction (e) Technical (f) Profile (g) Usage |
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security) (b) Necessary to comply with a legal obligation (including to enforce or apply our Terms of Website Use or our terms and conditions of supply and other agreements; or to protect the rights, property, or safety of JHS Health and Safety Consultants Ltd, our clients, or others; to prevent fraud and in the context of a business reorganisation or group restructuring exercise). This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction) |
| To deliver relevant website content to you and measure or understand the effectiveness of the content we serve to you | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) 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 | (a) Technical (b) 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 send newsletters with relevant industry news, campaign offers, and or to make suggestions and recommendations to you about goods or services that may be of interest to you | (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile |
Necessary for our legitimate interests (to keep our customers up to date with trade news and to develop our products/services and grow our business) |
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers and newsletters 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 [goods or services] from us [or if you provided us with your details when you entered a competition or registered for a promotion] and, in each case, you have not opted out of receiving that marketing.
Third-party marketing
We do not use third-party marketing, but should we, we will get your express opt-in consent before we share your personal data with any company for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time [by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you, using this opt-out link, or by contacting JHS Health and Safety Consultants Ltd at any time.
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, product/service experience or other transactions.
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. For more information about the cookies we use, please see our Cookies Policy
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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
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.
Disclosure of 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 7 (How we use personal data), above.
- External Third Parties as set out in the Glossary.
- Third parties to whom we may choose to incorporate, 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.
- We do not disclose your data to fraud prevention agencies or credit reference agencies such as CallCredit, Equifax or Experian, but indirectly, your transaction processors may.
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.
International transfers
We do not transfer your personal data outside the European Economic Area (EEA).
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.
Data retention
How long will we use personal data for?
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.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
[Request access to your personal data].
[Request correction of your personal data].
[Request erasure of your personal data].
[Object to processing of your personal data].
[Request restriction of processing your personal data].
[Request transfer of your personal data].
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 clearly 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 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.
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.
Glossary
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. 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 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 us
Performance of Contract 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.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
TELEPHONING DATA SUBJECTS, WITHOUT CONSENT
Calling without Consent
We may call a data subject without consent, but only where we believe the safeguarding factors and call processes we use for our legitimate business marketing interest, will outweigh, in a balance test, the interests or fundamental rights and freedoms of the data subject. We do not take such decisions lightly. This is because we do not want to be a nuisance to data subjects to the extent that they suffer harm.
We make our balance test judgement each time we start a new call campaign, make a change to our call processing and or any means to collect and or store call data etc. This is to check if it is still acceptable to call a data subject.
THIRD PARTIES
External Third Parties
Our GDPR compliant third-party IT and system administration service providers do not collect, use or share personal data.
Our other GDPR compliant, third-parties processors include:
- KashFlow Accounting acting as financial processors based in the United Kingdom, are service providers who provide IT and accounting system administration services
- GoCardless who may act as processors as service providers of direct debit transaction data.
- Stripe who may act as processors as service providers of credit/debit card transaction data.
- Helmsman Services Ltd. acting as processors based in the United Kingdom, are service providers who use data to administer JHS Health and Safety Consultants’ training.
- HM Revenue & Customs, regulators and other authorities acting as processors based in the United Kingdom who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
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 and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
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. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
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 suspend the processing of your personal data in the following scenarios: (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.
