PRIVACY NOTICE FOR GOODS AND/OR SERVICES PROVIDERS

Date: January 2021

What is the purpose of this document?

Wrigleys Solicitors LLP (Wrigleys) (registered number OC318186) of 3rd Floor, 3 Wellington Place, Leeds, LS1 4AP is committed to protecting the privacy and security of your personal information and the personal information of third parties which is collected in the course of the provision of goods and/or services by you to Wrigleys.  Therefore, we may collect the personal information of third parties who are not our goods and/or services providers but whose personal data is processed by us in connection with your provision.  We refer in this privacy notice to such third parties as your “contacts”.

This privacy notice describes how we collect and use personal information about third parties in the course of the provision of goods and services (you) during and after the provision of goods and/or services by you to us, in accordance with UK data protection law.

Wrigleys 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 specifically to current and former goods and/or services providers.  It does not form part of any contract to provide goods and/or services.  We may update this notice at any time.

It is recommended 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 contact

We have appointed three data protection representatives (DPRs) to oversee compliance with this privacy notice and the processing by us of personal information about Data Subjects.  If you have any questions about this privacy notice or how we handle the personal information referred to in it, please contact our DPRs (via partners@wrigleys.co.uk).  If you have any complaints about the processing of the personal information referred to in this privacy notice, you have the right to make a complaint to the Information Commissioner's Office (ICO) (www.ico.org.uk), the regulator and supervisory authority for data protection in the UK.

Data protection principles

We will comply with data protection law.  This says that the personal information we hold about you must be:

1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. Relevant to the purposes we have told you about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told you about.
6. Kept securely.

The kind of information we 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.

We will collect, store, and use the following categories of personal information about you:

• Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses including such personal data about associates.
• Date of birth.
• Gender.
• Next of kin and emergency contact information.
• National Insurance number.
• Bank account details, payroll records and tax status information.
• Start and end date.
• Location of employment or workplace.
• Identity documents such as copies of passports, driving licences, birth certificates, bank and tax statements and utility bills.
• Information about criminal convictions and offences.
• Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
• Employment records (including job titles, work history, working hours, training records and professional memberships).
• Compensation history.
• Performance information.
• Disciplinary and grievance information.
• CCTV footage and other information obtained through electronic means such as swipecard records.
• Information relating to your service contract with Wrigleys.
• Information about your use of our information and communications systems.
• Photographs.
• We may also collect, store and use the following “special categories” of more sensitive personal information:
• Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
• Trade union membership.
• Information about your health, including any medical condition, health and sickness records.

How is your personal information collected?

We collect personal information about goods and/or services providers through the application or tender process, either directly from providers or sometimes from third parties including referees or background check providers.  We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies such as Experian.

We will collect additional personal information including personal data relating to contacts in the course of the provision of goods and/or services by you to us.

How we will use information about you?

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

1. Where we need to perform the contract we have entered into with you.
2. Where we need to comply with a legal obligation.
3. 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.
4. Where we have your consent to do so.

We may also use your personal information in the following situations, which are likely to be rare:

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

Situations in which we will use your personal information

We need all the categories of information in the list above (see the kind of information we hold about you) primarily to allow us to perform our contract with you1 and to enable us to comply with legal obligations2.  In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties3, provided your interests and fundamental rights do not override those interests and in other cases we may use your personal information where we have your consent to do so4.  The situations in which we will process your personal information are listed below.  We have indicated numerically the lawful purpose or purposes for which we are processing or will process your personal information.

• Checking references, qualifications and carrying out background checks.****
• Determining the terms on which you work for us, in pursuance of our legitimate interest of ensuring that the business is run proficiently.***
• Paying you.  This will include, where necessary and depending on the circumstances, storing your bank details.*
• Administering the contract we have entered into with you.  This will include, where necessary and depending on the circumstances, storing your personal data, in pursuance of our legitimate interest of ensuring that the business is run proficiently.***
• Management and planning, including accounting and auditing, in pursuance of our legitimate interest of ensuring that the business is run proficiently.***
• Conducting performance reviews, managing performance and determining performance requirements.  This will include, where necessary and depending on the circumstances, implementing and storing performance plans and keeping records of all meetings relating to performance procedures, in pursuance of our legitimate interest of ensuring that the business is run proficiently.***
• Assessing qualifications for the provision of a particular good and/or service, including decisions about appointment.  This may include, where necessary and depending on the circumstances, storing documentation from application and tender processes, CVs, covering letters and interview notes, in pursuance of our legitimate interest of ensuring that the business is run proficiently.***
• Making decisions about the continued provision of goods and/or services by you.  This will include, where necessary and depending on the circumstances, storing notes of meetings, conversations and e-mails, in pursuance of our legitimate interest of ensuring that the business is run proficiently.***
• Making arrangements for the termination of the provision of goods and/or services by you, in pursuance of our legitimate interest of ensuring that the business is run proficiently.***
• Dealing with legal disputes involving you.  This will include, where necessary and depending on the circumstances, passing your personal data to our insurance company, legal advisers and other parties in order to protect Wrigleys' interests.***
• Complying with health and safety obligations.  This will include, where necessary and depending on the circumstances, storing medical notes and records.**
• To prevent fraud.  This will include, where necessary and depending on the circumstances, storing your National Insurance number, passport, driving licence, or other ID, such as a birth certificate.**

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 into with you (such as paying you), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety our goods and/or services providers).

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 it 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.

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

How we use sensitive personal information

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

1. In limited circumstances, with your explicit written consent.
2. Where it is needed in relation to the establishment, exercise or defence of legal claims.
3. Where it is needed in the public interest, such as for equal opportunities monitoring, and in line with our data protection policy and archiving and destruction policy.

Less commonly, we may process this type of information where it is needed for reasons of substantial public interest, 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.

Our obligations as a client

We may use your sensitive personal information in the following ways:

• We will 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 provide particular goods and/or services to us.
• We will use information about your race or national or ethnic origin, sexual orientation, religious, philosophical or moral beliefs, to ensure meaningful equal opportunity monitoring and reporting.

Do we need your 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.  In limited circumstances, we may approach you for your written consent to allow us to process certain special category 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.

We will only use information relating to criminal convictions where we are permitted to do so under the Data Protection Act 2018.

We will only collect information about criminal convictions if it is appropriate given the nature of the goods and/or services that you are providing to us and where we are legally able to do so.  Where appropriate, we will collect information about criminal convictions as part of the application or tender process or we may be notified of such information directly by you in the course of you providing goods and/or services to us.  We may also be required to share information about criminal convictions in order to carry out our legal obligations to any bodies which regulate the work we undertake.

Data sharing

We may have to share your data with third parties including third-party service providers.

We require third parties to respect the security of your data and to treat it in accordance with the law.

We may transfer your personal information outside the UK.

If we do, you can expect a similar degree of protection in respect of your personal information.

We will not sell personal information about you to any third party.

Why might we share your personal information with third parties?

We will share your personal information with third parties where required by law, where it is necessary to administer the provision of goods and/or services by you or where we have another legitimate interest in doing so.

Which third-party service providers process your personal information?

“Third parties” includes third-party service providers (including contractors and designated agents) and other Wrigleys entities (being Wrigleys Solicitors LLP (company number OC318186), Wrigleys Pension Trustees Limited (company number 06870990) and Wrigleys Trustees Limited (company number 06657231) (“Wrigleys Entities”).  The following activities are carried out by third-party service providers: payroll, some IT services, training companies and regulatory bodies.

How secure is your information with third-party service providers?

All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies.  We do not allow our third-party service 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 Wrigleys Entities?

We may share your personal information with Wrigleys Entities when you are undertaking work on their behalf and to fulfil our legal obligations to report to Companies House.

What about other third parties?

We may share your personal information with other third parties, for example in the context of the possible restructuring of the business.  We may also need to share your personal information with a regulator or to otherwise comply with the law.

Data transfer outside of the UK

Whilst we do not routinely do so, we (or third parties with whom we share personal information about you) may need to transfer your personal information about you outside the UK.  In those cases, except where the country has been determined in accordance with UK data protection law as ensuring an adequate level of data protection, we require the recipients of personal information about you to take appropriate measures to protect such information.  For example, by requiring them to enter into a data transfer agreement in the standard form approved for this purpose.  Further details of any such transfers, and any such protective measures, are available from our DPRs.

Data Security

We have put in place measures to protect the security of your information.  Details of these measures are available upon request.

Third parties will 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 will only process your personal information on our instructions and they are subject to a duty of confidentiality.  Details of these measures may be obtained from our DPRs.

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.

Data retention

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.  Details of retention periods for different aspects of your personal information are available in our retention policy which is available on the Wrigleys Intranet or on request from our DPRs.  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 or contractor of Wrigleys we will retain and securely destroy your personal information in accordance with our data retention policy.

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 the provision of goods and/or services by you to 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 enables you to receive a copy of the 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 particular 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 or 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 contact the DPRs in writing.

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 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

In some circumstances 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 contact the DPRs.  Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Changes to this privacy notice

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 processing of your personal information.

If you have any questions about this privacy notice, please contact our Data Protection Representatives, via email at partners@wrigleys.co.uk, post to 3rd Floor, 3 Wellington Place, Leeds, LS1 4AP or telephone 0113 244 6100.