WENHAM O'BRIEN LIMITED
PRIVACY NOTICE

ABOUT THIS NOTICE

Wenham O'Brien Limited 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 in accordance with data protection law. Please read it carefully.

  1. INFORMATION ABOUT US

    1. We are Wenham O'Brien Limited. Our registered office is at 68a Camden Road, Tunbridge Wells, Kent, TN1 2QP and our registered company number is 04600921.
    2. If you have any questions about this privacy notice or how we collect and use personal information, our contact details are:
      1. 68a Camden Road, Tunbridge Wells, Kent. TN1 2QP
      2. 01892 512412
      3. post@wenhamobrien.co.uk
  2. Contract Information and OTHER CORRESPONDENCE

    1. When you enter into a contract with us (or someone does so on your behalf) there will be personal information about you relating to that contract such as your name, contact details, contract details, delivery details, and correspondence with us about the contract.
    2. We need certain information to carry out our contract with you and you must provide this in order to enter into a contract with us (or as required under that contract), if you do not, we may not be able to carry out our contract with you. We will let you know what mandatory information we require as this may vary depending on the nature of the contract, but in particular, you must usually provide the following information:
      1. Your name and contact details.
      2. Information about your property, building or other requirements for our services.
      3. Records of any payments made to us.
    3. Other correspondence or interaction (for example by email, telephone, post, SMS or via our website) between you and us, will include personal information (such as names and contact details) in that correspondence. This may include enquiries, reviews, follow-up comments or complaints lodged by or against you and disputes with you or your organisation.
    4. Call information. We may also record details of phone numbers used to contact us and the date, time and details of any calls. We do not record telephone conversations.
    5. We will keep and use that information to perform our services, to carry out our contract with you (if applicable), to comply with any legal requirements for us to maintain certain records and for our legitimate interests in dealing with a complaint or enquiry.
    6. Where your information relates to a contract, it is kept for a period of up to 12 years after completion of the contract to enable us to deal with any enquiries or claims and as required for tax purposes. All information will be securely shredded and computer information deleted after this period.
    7. Payment records are retained for accounting purposes for a period of up to seven years after the date of payment.
  3. MARKETING

    1. We may collect your name and contact details (such as your email address, phone number or address) in order to send you information about our services which you might be interested in. We may collect this directly from you, or through a third party. If a third party collected your name and contact details, they will only pass those details to us for marketing purposes if you have consented to them doing so.
    2. You always have the right to "opt out" of receiving our marketing. You can exercise the right at any time by contacting us. If we send you any marketing emails, we will always provide an unsubscribe option to allow you to opt out of any further marketing emails. If you "opt-out" of our marketing materials you will be added to our suppression list to ensure we do not accidentally send you further marketing. We may still need to contact you administrative or operational purposes, but we will make sure that those communications don't include direct marketing.
    3. If you are an existing customer or are acting in a professional capacity as part of a company or LLP we use your contact details as necessary for our legitimate interests in marketing to you and maintaining a list of potential customers.
    4. If you are not an existing customer, and are not acting in a professional capacity as part of a company or LLP we may contact you by post as necessary for our legitimate interests in marketing to you but we will only contact you by email for marketing purposes with your consent (whether we have collected your details directly from you, or through a third party).
    5. We never share your name or contact details with third parties for marketing purposes. We do use third party service providers to send out our marketing, but we only allow them to use that information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
    6. We retain your details on our marketing list until you "opt-out" at which point we add you to our suppression list. We keep that suppression list indefinitely to comply with our legal obligations to ensure we don't accidentally send you any more marketing.
  4. Legal Claims

    1. Where we consider there to be a risk that we may need to defend or bring legal claims, we may retain your personal information as necessary for our legitimate interests in ensuring that we can properly bring or defend legal claims. We may also need to share this information with our insurers or legal advisers. How long we keep this information for will depend on the nature of the claim and how long we consider there to be a risk that we will need to defend or bring a claim.
  5. Contractors and freelancers

    1. Where you act for us as a contractor or freelancer, we may collect, store, and use the following categories of personal information about you:
      1. Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
      2. Personal details such as your date of birth, gender, marital status and nationality.
      3. National Insurance number or equivalent identifiers.
      4. Bank account details, payroll records and tax status information.
      5. Compensation and expenses history.
      6. Copy of your driving licence, passport or other identity documents.
      7. 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).
      8. Work records (including start date, end date, job titles and responsibilities, work history, working hours, training records and professional memberships, performance information, grievance records).
    2. We typically collect personal information about contractors and freelancers through the application and recruitment process. We may sometimes collect additional information from third parties including former clients and employers. We will collect additional personal information in the course of job-related activities.
    3. If you are a contractor or freelancer 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 or take steps at your request to enter into a contract 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. If you are a contractor or freelancer and 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 health and safety obligations).
    5. If you are a contractor or freelancer we will only use your personal information for the purposes for which we collected it as set out in this notice, 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.
  6. THIRD PARTY Employee Information


    If you work for one of our customers, suppliers or business partners, the information we collect about you may include your contact information, details of your employment and our relationship with you. This information may be collected directly from you, or provided by your organisation. Your organisation should have informed you that your information would be provided to us, and directed you to this policy. We use this as necessary for our legitimate interests in managing our relationship with your organisation. If we have a business relationship with you or your organisation, we may receive information about you from your organisation. We keep this information for up to 12 years after completion of the project which we are working on with your organisation.
  7. Information we receive from third parties

    1. We may also receive information about you from the following sources:
      1. Our business contacts. We work closely with third parties (including, for example, business partners, sub-contractors and service providers) who may provide us with information about you, to be used as set out above.
      2. Businesses we have bought. If we have acquired another business, or substantially all of its assets, which originally held your information, we will hold and use the information you provided to them, or which they otherwise held about you, in accordance with this privacy notice.
  8. WHY ELSE DO WE USE YOUR INFORMATION?

    1. Common uses of your information. We will only use your personal information when the law allows us to do so. Although in limited circumstances we may use your information because you have specifically consented to it, we generally use your information in the ways set out in this notice because:
      1. We need to perform a contract we have entered into with you.
      2. We need to comply with a legal obligation.
      3. It is necessary for our legitimate interests (or those of a third party) and your interests and rights do not override those interests.
      4. We need to protect your interests (or someone else's interests) or where it is needed in the public interest (although these circumstances are likely to be rare).
    2. Change of purpose. We will only use your personal information for the purposes for which we collected it as set out in this notice, 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.
  9. SHARING YOUR INFORMATION


    As well as any sharing listed above, we may also share your information with third parties, including our clients, third-party service providers. Third parties are required to respect the security of your personal information and to treat it in accordance with the law. We never sell your data to third parties.
    1. Why might we share your personal information with third parties? We may share your personal information with third parties if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our agreements with you, or to protect the rights, property, or safety of us, our clients, or others or where we have another legitimate interest in doing so.
    2. Which third-party service providers process your personal information? We also may need to share your personal information for third-party service providers (including contractors and designated agents) so that they can carry out their services. The following activities are carried out by third-party service providers: legal advice, accountancy and IT services.
    3. 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. Where third parties process your personal information on our behalf as "data processors" they must do so only on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
    4. 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 business where necessary in connection with the purposes which your information was collected for. We may also need to share your personal information with a regulator or to otherwise comply with the law.
  10. WHERE WE STORE YOUR INFORMATION

    1. Our office headquarters are based in Tunbridge Wells and our main data centre is located in the UK. However, where required to perform our contract with you or for our wider business purposes, the information that we hold about you may be transferred to, and stored at, a destination outside the UK and the EU. It may also be processed by staff operating outside the UK and EU who work for us or for one of our service providers.
    2. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this privacy notice.
    3. If we transfer data to countries or organisations outside of the UK and the EU which the EU does not consider to have an adequate data protection regime in place, we will ensure that appropriate safeguards (for example, model clauses approved by the EU or a data protection authority) are put in place where required. To obtain more details of these safeguards, please contact us.
  11. DATA SECURITY


    As well as the measures set out above in relation to sharing of your information, we have put in place appropriate internal 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. 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 necessary.
  12. HOW LONG WILL WE KEEP YOUR INFORMATION FOR

    1. We have set out above indications of how long we generally keep your information. In some circumstances, it may be necessary to keep your information for longer than that in order to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
    2. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
    3. 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.
  13. YOUR RIGHTS

    1. Data protection law gives you a number of rights when it comes to personal information we hold about you. The key rights are set out below. More information about your rights can be obtained from the Information Commissioner's Office (ICO). Under certain circumstances, by law you have the right to:
      1. Be informed in a clear, transparent and easily understandable way about how we use your personal information and about your rights. This is why we are providing you with the information in this notice. If you require any further information about how we use your personal information, please let us know.
      2. 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.
      3. 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.
      4. 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 (for instance, we may need to continue using your personal data to comply with our legal obligations). 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).
      5. 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 us using your information on this basis and we do not have a compelling legitimate basis for doing so which overrides your rights, interests and freedoms (for instance, we may need it to defend a legal claim). You also have the right to object where we are processing your personal information for direct marketing purposes.
      6. 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.
      7. Request the transfer of your personal information to another party where you provided it to us and we are using it based on your consent, or to carry out a contract with you, and we process it using automated means.
      8. Withdraw consent. In the limited circumstances where we are relying on your consent (as opposed to the other bases set out above) 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. 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 interest in doing so.
      9. Lodge a complaint. If you think that we are using your information in a way which breaches data protection law, you have the right to lodge a complaint with your national data protection supervisory authority (if you are in the UK, this will be the ICO).
      If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal information, withdraw your consent to the processing of your personal information or request that we transfer a copy of your personal information to another party, please contact us.
    2. 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.
    3. What we may need from you. We may need to request specific information from you to help us understand the nature of your request, to 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.
    4. Timescale. Please consider your request responsibly before submitting it. We will respond to your request as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we will let you know.
  14. CHANGES TO THIS PRIVACY NOTICE


     
    Any changes we make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail or otherwise. Please check back frequently to see any updates or changes to our privacy notice.