Data Protection and Privacy Notice
What is the purpose of this document?
The NTIA is committed to protecting the privacy and security of your personal information. This privacy notice describes how we collect and use personal information about you during and after your membership / association with us, in accordance with the General Data Protection Regulation (GDPR). It applies to all employees, workers, contractors, consultants, members, partners, associates, suppliers, sponsors and affiliates.
The NTIA is a “Data Controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
This notice applies to the current and former employees, workers, contractors, consultants, members, partners, associates, suppliers, sponsors and affiliates of ours in respect of whom we hold personal data.
This notice does not form part of any contract of employment, a contract to provide services or any other contract. We may update this notice at any time.
It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
Data protection principles
We will comply with data protection law. This says that the personal information 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; and
- Kept only as long as necessary for the purposes we have told you about.
The kind of information we may hold about you
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).
There are “Special Categories” of more sensitive personal data which require a higher level of protection.
Depending on the circumstances and business relationship we hold with you, we may collect, store, and use the following categories of personal information about you:
- Your personal contact details such as name, title, addresses, telephone number, and email addresses;
- Secondary contact details you provide us in relation to your business including name, title address, telephone number, and email addresses;
- Date of birth;
- Marital status and any dependants;
- Next of Kin and emergency details;
- Bank account details (business or personal), payrolls records and tax status information;
- Salary, fees, annual leave, pension and benefits information;
- Start date(s) of job roles, contracts and memberships;
- Location of employment or workplace;
- Copy of identity documents, such as passport, driving licence, utility bills;
- Copy of licensing information (personal licence holders, premises licence, DPS information);
- Business information relating directly to your membership or business services we provide you;
- Recruitment information (including copies of right to work documentation, reference 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);
- Salary / payments history;
- Performance information;
- Disciplinary and grievance information;
- CCTV footage and other information obtained through electronic means such as telephone recordings, email usage data, internet usage data and swipe card records;
- Information about your use of our information and communications systems; and
We may also collect, store and use the following “Special Categories” of more sensitive personal information:
Information about your health relevant to you work, including, for example any medical condition, health and sickness records.
Information about criminal convictions and offences as part of a recruitment or onboarding process for employees and consultants;
How may your personal information be collected?
We may collect personal information about [prospective or current]employees, workers, contractors, consultants, members, partners, associates, suppliers, sponsors and affiliates in several different ways. This includes through an application process either directly or sometimes from another agency, business affiliate or background checker. We sometimes collect information from third parties including former employers, credit reference agencies or other background check agencies. Individuals may provide us with their contact details as part of a discussion about our services within the association.
We may also collect personal data which is publicly available on websites such as LinkedIn, Companies House or similar industry-relevant website. We may use third-party applications which source their data from publicly-available websites. We may collect additional personal information during business-relevant or job-related activities throughout the person of your working relationship or membership with us.
How we may use information about you
We will only use your personal information when the law allows us to. Most commonly, we may use your personal information in the following circumstances:
- Where we are taking steps at your request prior to entering into a contract;
- Where we need to perform a contract which we have entered with you;
- Where we need to comply with a legal obligation;
- Where it is necessary for our legitimate interests (of those of a third party) and your interests and fundamental rights do not override those interests;
We may also use your personal information in the following situations, which are likely to be rare:
- Where it is necessary to protect the vital interests of you or another person; and
- Where it is needed in the public interest or for official purposes;
Situations in which we may use your personal information
We may need the categories of information (in the section ‘The kind of information we hold about you’) for the reasons set out above (‘How we may use information about you’).
Primarily this will be where we are taking steps at your request prior to entering into a contract and to perform a contract we have entered with you (or your employer or a company related to you), and in some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we may process your personal information are listed below.
The list below indicates the categories of data which may be involved in processing your personal information (depending on the circumstances). The list also indicates, by numbers at the end of each category corresponding to the list in the box above ‘How we may use information about you’, the purpose or purposes for which we may process your personal information (depending on the circumstances).
- Deciding about your appointment or membership;
- Determining or agreeing with you (or a company related to you) the terms on which we work together;
- Checking you are legally entitled to work in the United Kingdom;
- Paying you and, if you are an employee, deducting tax and national insurance contributions;
- Providing contractual and membership benefits to you;
- Liaising with your pension provider;
- Administering the contract, we have entered with you;
- Business management and planning, including accounting and auditing;
- Conducting performance reviews, managing performance and determining performance requirements;
- To assess your suitability for potential services to members;
- To contact you about your service requirements;
- To propose a consultant for engagement of services;
- Conducting a background check on you prior to you commencing work for a member;
- Assessing qualifications for a job or task, including decisions and promotions;
- Gathering evidence for possible grievance or disciplinary hearings;
- Deciding about your continued employment or engagement;
- Making arrangement for the termination of our working relationship;
- Education, training and development requirements;
- Dealing with legal disputes involving you, or other employees, workers, contractors, consultants, members, partners, associates, suppliers, sponsors and affiliates;
- Ascertaining your fitness for work;
- Managing sickness absence;
- Complying with health and safety obligations;
- To prevent fraud;
- Equal opportunities monitoring;
- To contact you with information about our services;
- To monitor you use of our information and communication systems to ensure compliance with our IT policies;
- To ensure network and information security, including preventing unauthorised access to our computer and electronics communications systems and preventing malicious software distribution;
- To conduct data analytics studies to review and better understand retention and attrition rates;
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered with you (such as paying you or providing a service or benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our employees / workers).
Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use if for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. We may process your personal information without your knowledge or consent where this is required or permitted by law.
How we may use special categories personal information
“Special Categories” of sensitive personal data 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:
- Where we need to carry out our legal obligations or exercise specific rights (either yours or ours) related to employment and in line with our data protection policy;
- Where is it needed in the public interest, such as for equal opportunities monitoring, and in line with our data protection policy;
- Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards; and
- In limited circumstances, with your explicit consent.
Less commonly, we may process this type of information 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. We may also process such information about members or formers members during legitimate business activities with the appropriate safeguards.
Our obligations as an employer
We may use special categories of personal information in the following ways:
- We may use information relating to leaves of absence which may include sickness absence or family related leaves, to comply with employment and other laws;
- We may use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits;
- We may 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.
Do we need consent?
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law, the Employment Relations law or the Trade Union and Labour Relations law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Information about criminal convictions
We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.
Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary 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.
We envisage that we may hold information about criminal convictions.
We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment or engagement process or we may be notified of such information directly by you during our working relationship. We may use information about criminal convictions and offences in the following ways:
- To consider your suitability for a role with us or with a member.
Automated decision-making takes place when an electronics system uses personal information to decide without human intervention. We re allowed to use automated decision-making in any of the following circumstances:
- Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights;
- Where we have notified you of the decision and given you 21 days to request a reconsideration;
- In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
If we make an automated decision based on any special category data, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
You will not be subject to decisions which have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
We may have to share your data with third parties, including third-party service providers and other entities within the Association.
We require third parties to respect the security of your data and to treat it in accordance with the law.
We will not transfer your personal information outside the EU without your explicit consent.
If we do, you can expect a similar degree of protection in respect of your personal information.
Why might you share my personal information with third-parties?
We may share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
Which third-party services providers process my personal information?
“Third-parties” includes third-party service providers (including contractors, consultants, designated agents) and other entities within the Association. The following activities are carried out by third-party service providers: payroll, employee and member benefits provision and administration, IT services and recruitment services.
How secure is my information with third-party service providers and other entities within our Association?
All our third-party service providers and other entities in the Association are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party services 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.
When might you share my personal information with other entities within the Association?
We may share your personal information with other entities within the association as part or our regular reporting activities on performance, in the context of a business reorganisation or restricting exercise, for system maintenance support and hosting of data, or where we consider that another group entity is better place to consider your suitability for a potential job, project or activity.
What about other third parties?
We may share your personal information with other third-parties, for example in the context of the possible sale or restructuring of the Association. We may also need to share your personal information with a regulator or to otherwise comply with the law.
We have put in place measures to protect the security of your information, for example to backup and protect the integrity of our electronic communications and data storage systems. Details of these measures are available upon request.
Third parties may only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
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 may 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.
How long will you use my information for?
We will only retain your personal information 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. In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker, contractor, consultant, member, partner, associate, supplier, sponsor or affiliate of the Association, we will retain and securely destroy your personal information in accordance with applicable laws and regulations.
Rights of access, correction, erasure and restriction
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
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 enable you to receive a copy of 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 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 of 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 write to us.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge you a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such 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 the information (or to exercise any of your 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.
Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please write to us. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purpose you originally agree to, unless we have another legitimate basis for doing so in law.
Data Protection Officer
We have appointed a Data Protection Officer (DPO) 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 DPO. 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.
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the process of your personal information.
If you have any questions about this data protection / privacy notice, please contact us on firstname.lastname@example.org