The following information applies to those who receive services from us or who are seeking to do so (“our Clients”), or to those who work for our Clients or who are otherwise connected to our Clients’ businesses. These conditions apply in addition to those for the use of our website. Where any conflict arises between the Website conditions and these the conditions contained in this statement shall prevail.
Types of Personal Data Processed
The types of personal data processed will vary depending on the data we are required to process in order to enter into a contract to deliver or to deliver the requested service(s) to our Clients and in accordance with our engagement terms with our Clients. We may be asked to process both ‘personal data’ as defined in Section 3(2) of the Data Protection Act 2018 and or ‘Special c=Category Personal Data’ as defined in Article 9(1) GDPR.
Categories of Data Subjects
Personal data we process for our own purposes and/or in accordance with contracts with our Clients may include but may not be limited to third party and prospective clients data, our Client’s staff data, our Client’s contractor data supplier data and data of children.
Data about these individuals may include but not be limited to the following categories:
| Category | Examples (not an exhaustive list) |
|---|---|
| Demographic | Name, address, date of birth, telephone number, email address, marital status |
| Financial | Bank details, salary information, tax liabilities, other pay deductions, payments to others |
| Employment | Employer, job title, employment contact details, employment history |
| Social | Achievements, social media information, education |
| Special category | Racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health data, sexual orientation |
Categories of data subjects will, for so far as we act as a Data Processor, be determined by our Clients and as contemplated by our contracts with them. Normally, we will only require limited aspects of our Client’s staff data for our own purposes and will advise our Clients should it become necessary for us to process any other categories of personal data for our own purposes.
Legal Basis for Data Processing
Generally, it will be our Client’s responsibility as a Data Controller to ensure we are provided with personal data for processing activities for which they have identified a legal basis for such processing. We will not accept responsibility for our Client’s providing us with personal data where they have no legal basis for doing so.
Where we require personal data from our Clients for our own purposes we normally do so on the following legal bases as defined under GDPR:
- Contract entry and performance: In order to commence working with our Clients we are legally required to take certain steps, such as assuring ourselves of their identity. In order to do so we require some personal data from our Clients and personal data relating to individuals they are connected with. During the course of our work with Clients we may need to process personal data about individuals to enable us to deliver the service(s) to our Clients.
- Our legitimate interests: We may also use personal data on the basis of our own legitimate interests in promoting and developing our services and assessing our performance. Activities promoting our services include direct marketing which individuals may opt-out of at any time. Opt-out can be achieved by responding using the unsubscribe options contained within the information you have received or by emailing our Data Protection Officer at privacy@chathams.co
- Legal obligations: certain statutory and/or regulatory professional rights and obligations apply to Chatham International work which require us to process personal data and in some circumstances to provide it to third parties such as our regulators and supervisory authorities, law enforcement authorities and agencies, or other such competent authorities.
Where we receive Special Category Personal Data as a result of our professional engagements with Clients, we process these on the basis that explicit consent has been given to our Clients to provide such data to us, or otherwise in accordance with the other legal bases set out through Article 9 GDPR (Section 10 DPA).
Where we process Special Category Personal Data relating to an individual for our own purposes, we will seek consent to process such data or otherwise process the same in accordance with the other legal bases set out through Article 9 GDPR (Section 10 DPA).
Duration of Processing
We will process personal data for as long as we are required to do so for the purposes of the services we provide to our Clients and to meet our legal and statutory rights and/or obligations, and for our prudent risk management purposes of data retention in accordance with our Data Retention Policy. At the cessation of our processing activities it is our Client’s choice as to what happens to the personal data we have been provided with. We will work with our Clients to carry out their reasonable instructions.
Personal data we collect for our own purposes will be managed in accordance with our Data Retention Policy which reflects current legal and regulatory rights and obligations.
Use of Sub-Processors / Service Providers
As part of our service delivery it may be necessary for us to use sub-processors. Where we engage a sub-processor to work directly on the services provided to our Clients we will notified the Clients of the same.
We also use a number of ancillary service providers in the delivery of our services.
Our IT support is largely provided Chatham International Ltd who utilise a number of external parties. Some solutions we utilise are cloud based and our need to rely upon those systems varies depending upon the services we deliver.
All ancillary service providers are bound by Chatham International to provide at least the same level of protection for personal data as we do.
Most ancillary providers do not engage directly with an individual’s data and simply provide secure storage solutions for the data we process. Unless we have otherwise expressly agreed conditions with them, sub-processors and ancillary providers are prohibited from using an individual’s personal data for their own purposes.
Data Transfers
As a subsidiary of Chatham International Ltd we utilise a number of suppliers to provide us with IT and other associated services for the delivery of our business and services. In some cases, the suppliers we use will be granted access to the data we are processing in order to provide us with technical assistance. Such processing activities are not directly related to our principal services to Clients and are considered ancillary to our own internal activities.
As an International firm, our people need to be able to work from anywhere in the world using our IT services. Data may be stored on Chatham encrypted devices and transported with individuals as necessary for the delivery of our services in accordance with the terms and conditions we have agreed with our Clients. We have put in place appropriate technical measures to ensure data remain secure irrespective of where our people deliver our services.
As part of our service delivery we process limited personal data for the purposes of, including but not limited to, data storage, back up, destruction, billing, client management, administration, conflict checking and know-how.
We may process an individual’s personal data through any of our other Group member firms worldwide. In the event this is necessary we will ensure appropriate controls exist and execute EU standard contractual clauses where necessary to protect personal data and data subject rights and freedoms.
Where we act as a Data Processor on our Client’s behalf we are permitted by our Clients to use EU standard contractual clause agreements with our chosen sub-processors. All such agreements will be in our name and individuals covered by this statement may enforce rights against the sub-processor(s) directly through us.
Your Data Subject Rights
Where we act as a Data Controller for personal data you may exercise a number of rights.
You may:
- Request access to the personal data we hold about you
- Ask us to correct any data which are inaccurate
- Request to have your personal data deleted
- Put in place restrictions on our processing of your data
- Ask us to transfer your data to another controller (data portability)
We will handle all exercise of your data subject rights in accordance with the requirements of GDPR and any national laws at the time of your request. Requests should be submitted in writing to our Data Protection Officer (privacy@chathams.co).
If you are dissatisfied with the way we have handled your personal data and we are unable to resolve the matter for you, you may take your complaint to the Information Commissioner’s Office. Further details can be found via their website at www.ico.org.uk .
Should we receive a request from any individual to exercise data subject rights but we are only acting as a Data Processor, we will forward your request to our Client as Data Controller to process. Unless we are explicitly instructed not to we will advise the individual that we have passed their request to the Data Controller.
Data Security
Chatham International Ltd is responsible for our technological and organisational controls, including policies and procedures, in place to protect personally identifiable information from loss, misuse, alteration or unintentional destruction. Our personnel who have access to the data have been trained to maintain the confidentiality of such information. Conditions to protect data to at least the same standard as we do are cascaded to all our contractors, sub processors and suppliers.
We carry out regular monitoring and testing of our security defenses to ensure they continue to be effective against the latest threats.
Data transferred over the internet by us and through our website are protected using encryption technologies to ensure they remain secure.
Please note that no communications over the internet can be guaranteed as secure. Whilst we take appropriate steps to protect personal data we cannot guarantee that it will remain secure in transit. Once data reaches your network it is your responsibility to ensure it remains secure.
Controls put in place by Chatham International Ltd also apply to us as a direct subsidiary.
Marketing emails
Some of our marketing emails may contain web beacons, web bugs, cookies or other similar technologies which enable us to understand whether an individual opens, reads, or deletes the message and any interaction an individual makes with links contained therein. When an individual clicks on a link in a marketing email they receive from us we may also use cookies to log what pages that individual views, in accordance with our cookies policy.
Targeted emails from us may include additional data privacy information as required by applicable privacy laws.
Changes to this Statement
We recommend you check this statement on a regular basis to ensure you remain in agreement with the activities we carry out in respect of processing personal data.
Should we make significant changes to the way we process data, we will draw your attention to the relevant part(s) of this statement through email and or other appropriate communications as part of our business activities.
Any changes to our ‘Website’ privacy notice shall be managed in accordance with the terms stated there under.