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MELKSHAM WITHOUT PARISH COUNCIL
GENERAL PRIVACY NOTICE
Your personal data – what is it?
“Personal data” is any information about a living individual which allows them to be identified from that data (for example a name, photographs, videos, email address, or address). Identification can be directly using the data itself or by combining it with other information which helps to identify a living individual (e.g. a list of staff may contain personnel ID numbers rather than names but if you use a list a separate list of the ID numbers which give the corresponding names to identify the staff in the first list then the first list will also be treated as personal data). The processing of personal data is governed by legislation relating to personal data which applies in the United Kingdom including the General Data Protection Regulation (the “GDPR) and other legislation relating to personal data and rights such as the Human Rights Act.
Who are we?
This Privacy Notice is provided to you by Melksham Without Parish Council which is the data controller for your data.
Other data controllers the council works with:
[e.g. other data controllers, such as local authorities
Other not for profit entities
Credit reference agencies]
We may need to share your personal data we hold with them so that they can carry out their responsibilities to the council. If we and the other data controllers listed above are processing your data jointly for the same purposes, then the council and the other data controllers may be “joint data controllers” which mean we are all collectively responsible to you for your data. Where each of the parties listed above are processing your data for their own independent purposes then each of us will be independently responsible to you and if you have any questions, wish to exercise any of your rights (see below) or wish to raise a complaint, you should do so directly to the relevant data controller.
A description of what personal data the council processes and for what purposes is set out in this Privacy Notice.
The council will process some or all of the following personal data where necessary to perform its tasks:
Names, titles, and aliases, photographs;
Contact details such as telephone numbers, addresses, and email addresses;
Where they are relevant to the services provided by a council, or where you provide them to us, we may process information such as gender, age, marital status, nationality, education/work history, academic/professional qualifications, hobbies, family composition, and dependants;
Where you pay for activities such as use of a council hall, financial identifiers such as bank account numbers, payment card numbers, payment/transaction identifiers, policy numbers, and claim numbers;
The personal data we process may include sensitive or other special categories of personal data such as criminal convictions, racial or ethnic origin, mental and physical health, details of injuries, medication/treatment received, political beliefs, trade union affiliation, genetic data, biometric data, data concerning and sexual life or orientation.
How we use sensitive personal data
We may process sensitive personal data including, as appropriate:
information about your physical or mental health or condition in order to monitor sick leave and take decisions on your fitness for work;
your racial or ethnic origin or religious or similar information in order to monitor compliance with equal opportunities legislation;
in order to comply with legal requirements and obligations to third parties.
These types of data are described in the GDPR as “Special categories of data” and require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal data.
We may process special categories of personal data in the following circumstances:
In limited circumstances, with your explicit written consent.
Where we need to carry out our legal obligations.
Where it is needed in the public interest.
Less commonly, we may process this type of personal data where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
Do we need your consent to process your sensitive personal data?
In limited circumstances, we may approach you for your written consent to allow us to process certain sensitive personal data. If we do so, we will provide you with full details of the personal data that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.
The council will comply with data protection law. This says that the personal data we hold about you must 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 and destroyed securely including ensuring that appropriate technical and security measures are in place to protect your personal data to protect personal data from loss, misuse, unauthorised access and disclosure.
We use your personal data for some or all of the following purposes:
To deliver public services including to understand your needs to provide the services that you request and to understand what we can do for you and inform you of other relevant services;
To confirm your identity to provide some services;
To contact you by post, email, telephone or using social media (e.g., Facebook, Twitter, WhatsApp);
To help us to build up a picture of how we are performing;
To prevent and detect fraud and corruption in the use of public funds and where necessary for the law enforcement functions;
To enable us to meet all legal and statutory obligations and powers including any delegated functions;
To carry out comprehensive safeguarding procedures (including due diligence and complaints handling) in accordance with best safeguarding practice from time to time with the aim of ensuring that all children and adults-at-risk are provided with safe environments and generally as necessary to protect individuals from harm or injury;
To promote the interests of the council;
To maintain our own accounts and records;
To seek your views, opinions or comments;
To notify you of changes to our facilities, services, events and staff, councillors and other role holders;
To send you communications which you have requested and that may be of interest to you. These may include information about campaigns, appeals, other new projects or initiatives;
To process relevant financial transactions including grants and payments for goods and services supplied to the council
To allow the statistical analysis of data so we can plan the provision of services.
Our processing may also include the use of CCTV systems for the prevention and prosecution of crime.
What is the legal basis for processing your personal data?
The council is a public authority and has certain powers and obligations. Most of your personal data is processed for compliance with a legal obligation which includes the discharge of the council’s statutory functions and powers. Sometimes when exercising these powers or duties it is necessary to process personal data of residents or people using the council’s services.
We will always take into account your interests and rights. This Privacy Notice sets out your rights and the council’s obligations to you.
We may process personal data if it is necessary for the performance of a contract with you, or to take steps to enter into a contract. An example of this would be processing your data in connection with the use of sports facilities, or the acceptance of an allotment garden tenancy.
Sometimes the use of your personal data requires your consent. We will first obtain your consent to that use.
Sharing your personal data
This section provides information about the third parties with whom the council may share your personal data. These third parties have an obligation to put in place appropriate security measures and will be responsible to you directly for the manner in which they process and protect your personal data. It is likely that we will need to share your data with some or all of the following (but only where necessary):
The data controllers listed above under the heading “Other data controllers the council works with”;
Our agents, suppliers and contractors. For example, we may ask a commercial provider to publish or distribute newsletters on our behalf, or to maintain our database software;
On occasion, other local authorities or not for profit bodies with which we are carrying out joint ventures e.g. in relation to facilities or events for the community.
How long do we keep your personal data?
We will keep some records permanently if we are legally required to do so. We may keep some other records for an extended period of time. For example, it is currently best practice to keep financial records for a minimum period of 8 years to support HMRC audits or provide tax information. We may have legal obligations to retain some data in connection with our statutory obligations as a public authority. The council is permitted to retain data in order to defend or pursue claims. In some cases the law imposes a time limit for such claims (for example 3 years for personal injury claims or 6 years for contract claims). We will retain some personal data for this purpose as long as we believe it is necessary to be able to defend or pursue a claim. In general, we will endeavour to keep data only for as long as we need it. This means that we will delete it when it is no longer needed.
Your rights and your personal data
You have the following rights with respect to your personal data:
When exercising any of the rights listed below, in order to process your request, we may need to verify your identity for your security. In such cases we will need you to respond with proof of your identity before you can exercise these rights.
1. The right to access personal data we hold on you
At any point you can contact us to request the personal data we hold on you as well as why we have that personal data, who has access to the personal data and where we obtained the personal data from. Once we have received your request, we will respond within one month.
There are no fees or charges for the first request but additional requests for the same personal data or requests which are manifestly unfounded or excessive may be subject to an administrative fee.
2. The right to correct and update the personal data we hold on you
If the data we hold on you is out of date, incomplete or incorrect, you can inform us and your data will be updated.
3. The right to have your personal data erased
If you feel that we should no longer be using your personal data or that we are unlawfully using your personal data, you can request that we erase the personal data we hold.
When we receive your request, we will confirm whether the personal data has been deleted or the reason why it cannot be deleted (for example because we need it for to comply with a legal obligation).
4. The right to object to processing of your personal data or to restrict it to certain purposes only
You have the right to request that we stop processing your personal data or ask us to restrict processing. Upon receiving the request, we will contact you and let you know if we are able to comply or if we have a legal obligation to continue to process your data.
5. The right to data portability
You have the right to request that we transfer some of your data to another controller. We will comply with your request, where it is feasible to do so, within one month of receiving your request.
6. The right to withdraw your consent to the processing at any time for any processing of data to which consent was obtained
You can withdraw your consent easily by telephone, email, or by post (see Contact Details below).
Transfer of Data Abroad
Any personal data transferred to countries or territories outside the European Economic Area (“EEA”) will only be placed on systems complying with measures giving equivalent protection of personal rights either through international agreements or contracts approved by the European Union.
If we wish to use your personal data for a new purpose, not covered by this 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. Where and whenever necessary, we will seek your prior consent to the new processing.
Changes to this notice
We keep this Privacy Notice under regular review and we will place any updates on our website at http://www.melkshamwithout.co.uk/. This Notice was last updated in February 2018.
Please contact us if you have any questions about this Privacy Notice or the personal data, we hold about you or to exercise all relevant rights, queries or complaints at:
The Data Controller, Melksham Without Parish Council
Recommended at Data Protection Working Party on 23rd September 2019
Approved at Full Council 21st October 2019
Melksham Town Council
Melksham Town Council are committed to protecting and respecting your privacy. The current data protection regime is governed under UK law by the Data Protection Act 1998 but with effect from 25th May 2018, this was replaced by
the EU General Data Protection Regulation and this will affect the way companies and other organisations keep information.
Melksham Town Council promise to respect any personal data you share with us, or that we get from other organisations and keep it safe.
2. What is our lawful basis for using your personal data?
2.1 The GDPR only permits us to process your personal data to the extent that one of the lawful bases set out therein applies to that processing. In processing your personal data, we rely principally on the following lawful basis, namely that
processing is necessary for the purposes of our legitimate interests, and those are not overridden by your interests or your fundamental rights or freedoms. When we say “legitimate interests”, we mean our (or a third party’s) interests in enabling us to provide our services to you as efficiently and securely as possibly.
2.2 In certain circumstances, we may rely on one of the following lawful bases for our processing, namely:
2.2.1 processing is necessary for the performance of a service or contract entered into between us, or to be entered into between us; or
2.2.2 processing is required for compliance with a legal obligation of ours; or
2.2.3 the data subject has given consent to the processing of his or her personal data.
2.3 We may process your personal data relying on more than one lawful basis depending on the specific purpose for which we are using your data.
3. What information do we hold about you and why?
3.1 The provision of our services often requires the processing of personal data. The processing of personal data may be necessary both prior to the conclusion of a service (e.g., in order to provide you with a quotation) and during the implementation of a service with you. Such data may include but are not limited to:
a. Individual and business-contact information (such as name, company name,
physical address, email address, and telephone or fax number)
b. Information relating to the service being provided by Melksham Town Council.
c. Names, email addresses and telephone numbers of others to whom we are asked
to send information.
d. Payment information and financial information (such as bank account, company
and VAT registration numbers)
e. Other personal information that may be provided to us to obtain a service.
3.2 If you give us information on behalf of someone else, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can:
a. Give consent on his/her behalf to the processing of his/her data
b. Receive on his/her behalf and data protection notices
c. Give consent to any transfer of his/her data.
4. Who do we share your personal information with?
We may only disclose information about you and contact details when this is required for us to provide our service to you (for example, to our suppliers). Other than this, we will not sell or pass your personal information to third parties unless you
have given us permission to do so. We may also be obliged to disclose information to meet any legal or regulatory requirements.
5. Information from third parties
5.1 Occasionally, we may receive information from other sources (such as credit reference agencies), which will be added to the information already held in order for us to help supply our services and products to you.
5.2 We use credit reference agencies to make fair and informed decisions on whether to offer our products and services to you. We use them as part of our application process and ongoing monitoring on the account.
5.3 We do not perform a credit check on an individual, therefore a credit check footprint will not be left on a personal credit file.
6. Where we store your information and data security
6.1 We process data and store it on servers managed by our hosting provider. Those servers are located in the UK and our server environment is highly secure and there is very limited personnel access.
6.2 We operate secure data networks protected by industry standard firewall and password protection. We have security measures in place to attempt to protect against the loss, misuse and alteration of your user date under our control.
6.3 We will do our best to protect your personal data, however, the transmission of information via the internet can never be 100% secure. We cannot guarantee the security of your data transmitted to us and so any transmission is at your own risk.
7. How long do we hold your information?
We keep information for as long as we need it for the purposes for which it was collected. This will vary on the type of information. 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
The data may be deleted in the following circumstances:
a. You have withdrawn your consent to data processing.
b. The original purpose for processing the data is no longer relevant or cannot be
performed any more.
c. The data is no longer up to date or accurate.
8. Marketing and opting out
If you have provided your consent to receive news from us, we may contact you by mail, telephone, or e-mail.
If you prefer not to receive any further direct marketing communications from us you can opt out at any time.
Cookies are small text files, which we may store on your computer to track your activity on our homepage. When you visit our website, information about you is collected and it is used to adjust and improve your experience. If you do not want
information about you to be collected, you should delete your cookies and/or avoid visiting our website.
Cookies are stored on your computer, mobile phone or similar with the purpose of recognising it, remember settings, make statistics. Cookies cannot contain damaging content, such as virus. It is possible to delete or block cookies. If you delete or block cookies, ads maybe become less relevant to you and occur more often.
11. Google Analytics
Our website may use Google Analytics, a web-analytic service provided by Google, Inc. (www.google.com). Google Analytics uses "cookies", text files which are stored on your computer and which allow an analysis of the use of the website
by you. The information generated by the cookie about your use of this website is generally transferred to a Google server in the USA and stored there. However, in the case of the activation of the IP anonymisation on this website, your IP address
will be previously abridged by Google within the member states of the European Union or in other states parties to the Agreement on the European Economic Area.
Only in exceptional cases, will the full IP address be transferred to a Google server in the US and abbreviated there. IP anonymisation is active on this website.
On behalf of the Town Council, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website usage and internet usage. The IP address provided by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the Google cookies from being saved by setting your browser settings accordingly.
Where users have chosen to enable Google to associate their web and app browsing history with their Google account and to use information from their Google account to personalize ads, Google will use data from its signed-in users together with your Google Analytics data to build audience lists for cross-device remarketing.
In order to support this feature, two things will happen: First, for users on this site, Google Analytics will collect Google-authenticated identifiers associated with users’ Google Accounts (and therefore, personal information). Second, Google Analytics will temporarily join these identifiers to this site's Google Analytics data in order to support our audiences.
To learn more about Google Analytics, including how to opt out of it, please visit:
12. What are your rights?
12.1 Individuals from the European Economic Area and individuals located in the EEA have statutory rights in relation to personal data. Subject to any exemptions provided by law, you have the right to be informed, request access to information, as well as to seek to update, delete or correct this Information, alongside the right to restrict processing, to object and request the portability of the data (i.e. requesting that we move, copy or transfer your personal information to another organisation). If you wish to exercise any of these rights, please contact us.
12.2 You have the right to access personal information held about you through a subject access request made in writing.
If you are not satisfied with our response to any queries or complaints you raise with
us or believe we are not processing your personal data in accordance with the Data
Protection Laws you have the right to lodge a complaint at the Information
Commissioner’s Office (www.ico.org.uk)/.