Privacy and cookies policy

  1. Introduction

1.1    We are committed to safeguarding the privacy of our website visitors and customers; in this policy we explain how we will handle your personal data.

1.2    This policy applies where we are acting as a data controller with respect to Damian Cakala in other words, where we determine the purposes and means of the processing of that personal data.

1.3    Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the collection, sharing and publication of your personal data. You can access the privacy controls via . https://shop4people.co.uk/?page_id=3

1.4    We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

1.5    In this policy, “we”, “us” and “our” refer to Damian Cakala. For more information about us, see Section 19.

  1. The personal data that we collect

2.1    In this Section 2 we have set out the general categories of personal data that we process[ and, in the case of personal data that we did not obtain directly from you, information about the source and specific categories of that data].

2.2    We may process data enabling us to get in touch with you (“contact data“). The contact data may include your name, email address, telephone number, postal address and/or social media account identifiers. The source of the contact data is you and/or your employer. If you log into our website using a social media account, we will obtain elements of the contact data from the relevant social media account provider.

2.3    We may process your website user account data (“account data“).The account data may include your account identifier, name, email address, business name, account creation and modification dates, website settings and marketing preferences. The primary source of the account data is you and/or your employer, although some elements of the account data may be generated by our website .If you log into our website using a social media account, we will obtain elements of the account data from the relevant social media account provider.

2.4    We may process information relating to our customer relationships (“customer relationship data“). The customer relationship data may include your name, the name of your business or employer, your job title or role, your contact details, your classification / categorisation within our customer relationship management system and information contained in or relating to communications between us and you, or between us and your employer.The source of the customer relationship data is you and/or your employer.

2.5    We may process information relating to transactions, including purchases of goods and/or services, that you enter into with us and/or through our website (“transaction data“). The transaction data may include[your name, your contact details, your payment card details (or other payment details) and the transaction details. The source of the transaction data is you and/or our payment services provider.

2.6    We may process information contained in or relating to any communication that you send to us or that we send to you (“communication data“). The communication data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms.

2.7    We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is[our analytics tracking system.

2.8    We may process identify general category of data.This data may include list specific items of data.

  1. Purposes of processing and legal bases

3.1    In this Section 3, we have set out the purposes for which we may process personal data and the legal bases of the processing.

3.2    Operations – We may process your personal data for the purposes of operating our website, the processing and fulfilment of orders, providing our services, supplying our goods, generating invoices, bills and other payment-related documentation, and credit controlThe legal basis for this processing is [our legitimate interests, namely the proper administration of our website, services and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract  specify basis.

3.3    Publications – We may process account data for the purposes of publishing such data on our website and elsewhere through our services in accordance with your express instructions. The legal basis for this processing is consent OR our legitimate interests, namely the publication of content in the ordinary course of our operations OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract OR specify basis.

3.4    Relationships and communications – We may process contact data, account data, customer relationship data, transaction data and/or communication data for the purposes of managing our relationships, communicating with you (excluding communicating for the purposes of direct marketing) by email, SMS, post, fax and/or telephone, providing support services and complaint handling. The legal basis for this processing is our legitimate interests, namely communications with our website visitors, service users, individual customers and customer personnel, the maintenance of our relationships, enabling the use of our services, and the proper administration of our website, services and business OR specify basis.

3.5    Personalisation – We may process account data and/or usage data for the purposes of personalising the content and advertisements that you see on our website and through our services to ensure that you only see material that is relevant to you. The legal basis for this processing is consent OR our legitimate interests, namely offering the best possible experience for our website visitors and service users OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract OR specify basis.

3.6    Direct marketing – We may process contact data, account data, customer relationship data and/or transaction data for the purposes of creating, targeting and sending direct marketing communications by email, SMS, post and/or fax and making contact by telephone for marketing-related purposes. The legal basis for this processing is consent OR our legitimate interests, namely promoting our business and communicating marketing messages and offers to our website visitors and service users OR specify basis.

3.7    Research and analysis – We may process usage data and/or transaction data for the purposes of researching and analysing the use of our website and services, as well as researching and analysing other interactions with our business. The legal basis for this processing is consent OR our legitimate interests, namely monitoring, supporting, improving and securing our website, services and business generally OR specify basis.

3.8    Record keeping – We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this policy.

3.9    Security – We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our website, services and business, and the protection of others.

3.10  Insurance and risk management – We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

3.11  Legal claims – We may process your personal datawhere necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.12  Legal compliance and vital interests – We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.

  1. Automated decision-making

4.1    We will use your personal data for the purposes of automated decision-making in relation .

4.2    This automated decision-making will involve provide meaningful information about the logic involved.

4.3    The significance and possible consequences of this automated decision-making are.

  1. Providing your personal data to others

5.1    We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

5.2    We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice.

5.3    Your personal data held in our website database OR  will be stored on the servers of our hosting services providers[ identified at . https://www.lh.pl/domeny

5.4    We may disclose specify personal data category or categories] to [our suppliers or subcontractors identified at https://www.lh.pl/domeny  in so far as reasonably necessary for .

5.5    Financial transactions relating to our website and service are OR may be handled by our payment services providers, . We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at .

5.6    We may disclose contact data along with any other personal data contained in enquiries made through our website or services to one or more of those selected third party suppliers of goods and/or services identified on our website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the personal data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party’s use of your personal data.

5.7    In addition to the specific disclosures of personal data set out in this Section 5, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

  1. International transfers of your personal data

6.1    In this Section 6, we provide information about the circumstances in which your personal data may be transferred to countries outside the United Kingdom and the European Economic Area (EEA).

6.2    We and our other group companies have offices and facilities in specify countries. The competent data protection authorities have made an “adequacy decision” with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the competent data protection authorities, a copy of which can be obtained from shop4people.co.uk/contact OR the use of binding corporate rules,  OR specify appropriate safeguards and means to obtain a .

6.3    The hosting facilities for our website are situated in uk. The competent data protection authorities have made an “adequacy decision” with respect to [the data protection laws of each of these countries].][ Transfers to [each of these countries] will be protected by appropriate safeguards, namely [the use of standard data protection clauses adopted or approved by the competent data protection authorities, a copy of which you can obtain from shop4people2020@gmail.com

6.5    You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

  1. Retaining and deleting personal data

7.1    This Section 7 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

7.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

7.3    We will retain your personal data as follows:

(a)    contact data will be retained for a minimum period of  following the date of the most recent contact between you and us, and for a maximum period of following that date;

(b)    account data will be retained for a minimum period of  following the date of closure of the relevant account, and for a maximum period of  following that date;

(c)     customer relationship data will be retained for a minimum period of  following the date of termination of the relevant customer relationship and for a maximum period of  following that date;

(d)    transaction data will be retained for a minimum period of  following the date of the transaction, and for a maximum period of  following that date;

(e)    communication data will be retained for a minimum period of following the date of the communication in question, and for a maximum period of  following that date;

(f)     usage data will be retained for following the date of collection; and

(g)    data category will be retained for a minimum period of period following data, and for a maximum period of period following date.

 

7.5    Notwithstanding the other provisions of this Section 7, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

  1. Security of personal data

8.1    We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.

8.2    We will store your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.

8.3    The following personal data will be stored by us in encrypted form: your name, contact information, password(s) and cardholder data.

8.4    Data relating to your enquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.

8.5    You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

8.6    You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website confidential and we will not ask you for your password (except when you log in to our website).

  1. Your rights

9.1    In this Section 9, we have listed the rights that you have under data protection law.

9.2    Your principal rights under data protection law are:

(a)    the right to access – you can ask for copies of your personal data;

(b)    the right to rectification – you can ask us to rectify inaccurate personal data and to complete incomplete personal data;

(c)     the right to erasure – you can ask us to erase your personal data;

(d)    the right to restrict processing – you can ask us to restrict the processing of your personal data;

(e)    the right to object to processing – you can object to the processing of your personal data;

(f)     the right to data portability – you can ask that we transfer your personal data to another organisation or to you;

(g)    the right to complain to a supervisory authority – you can complain about our processing of your personal data; and

(h)    the right to withdraw consent – to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

9.3    These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.

9.4    You may exercise any of your rights in relation to your personal data [by written notice to us, using the contact details set out below].

OR

  1. Your rights

9.1    In this Section 9, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

9.2    Your principal rights under data protection law are:

(a)    the right to access – you can ask for copies of your personal data;

(b)    the right to rectification – you can ask us to rectify inaccurate personal data and to complete incomplete personal data;

(c)     the right to erasure – you can ask us to erase your personal data;

(d)    the right to restrict processing – you can ask us to restrict the processing of your personal data;

(e)    the right to object to processing – you can object to the processing of your personal data;

(f)     the right to data portability – you can ask that we transfer your personal data to another organisation or to you;

(g)    the right to complain to a supervisory authority – you can complain about our processing of your personal data; and

(h)    the right to withdraw consent – to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

9.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.[ You can access [your personal data] by visiting [URL] when logged into our website.]

9.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

9.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

9.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

9.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

9.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

9.9    You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

9.10  To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

         and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

9.11  If you consider that our processing of your personal data infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

9.12  To the extent that the legal basis for our processing of your personal data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

9.13  You may exercise any of your rights in relation to your personal data by written notice to us OR by methods, in addition to the other methods specified in this Section 9.

  1. Third party websites

10.1  Our website includes hyperlinks to, and details of, third party websites.

10.2  In general we have no control over, and are not responsible for, the privacy policies and practices of third parties.

  1. Personal data of children

11.1  Our website and services are targeted at persons over the age of  18 .

11.2  If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.

  1. Updating information

12.1  Please let us know if the personal information that we hold about you needs to be corrected or updated.

  1. About cookies

13.1  A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

13.2  Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

13.3  Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.

  1. Cookies that we use

14.1  We use cookies for the following purposes:

(a)    authentication and status – we use cookies to identify you when you visit our website and as you navigate our website, and to help us determine if you are logged into our website .

(b)    shopping cart – we use cookies to maintain the state of your shopping cart as you navigate our website.

(c)     personalisation – we use cookies to store information about your preferences and to personalise our website for you

(d)    security – we use cookies [as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally.

(e)    advertising – we use cookies [to help us to display advertisements that will be relevant to you.

(f)     analysis – we use cookies to help us to analyse the use and performance of our website and services; and

(g)    cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally

  1. Cookies used by our service providers

15.1  Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

15.2  We use Google Analytics. Google Analytics gathers information about the use of our website by means of cookies. The information gathered is used to create reports about the use of our website. You can find out more about Google’s use of information by visiting https://www.google.com/policies/privacy/partners/ and you can review Google’s privacy policy at https://policies.google.com/privacy.

15.3  We publish Google AdSense advertisements on our website, together with advertisements from the following advertisers and advertising networks that are distributed by Google: The advertisements may be personalised to reflect your interests. To help determine your interests Google and its partners use cookies. The relevant cookies served from our website are. The cookies are used to track your previous visits to our website and your visits to other websites. You can opt out of Google’s personalised advertising by visiting https://www.google.com/settings/ads and you can opt out of third party cookies use for personalised advertising by visiting http://www.aboutads.info. You can review Google’s privacy policy at https://policies.google.com/privacy.

15.4  We use a Facebook pixel on our website. Using the pixel, Facebook collects information about the users and use of our website. The information is used to personalise Facebook advertisements and to analyse the use of our website. To find out more about the Facebook pixel and about Facebook’s use of personal data generally, see the Facebook cookie policy at https://www.facebook.com/policies/cookies/ and the Facebook privacy policy at https://www.facebook.com/about/privacy. The Facebook cookie policy includes information about controlling Facebook’s use of cookies to show you advertisements. If you are a registered Facebook user, you can adjust how advertisements are targeted by following the instructions at https://www.facebook.com/help/568137493302217.

  1. Managing cookies

16.1  Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)    https://support.google.com/chrome/answer/95647 (Chrome);

(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c)     https://help.opera.com/en/latest/security-and-privacy/ (Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)    https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and

(f)     https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

16.2  Blocking all cookies will have a negative impact upon the usability of many websites.

16.3  If you block cookies, you will not be able to use all the features on our website.

  1. Cookie preferences

17.1  You can manage your preferences relating to the use of cookies on our website by visiting: shop4people.co.uk

  1. Amendments

18.1  We may update this policy from time to time by publishing a new version on our website.

18.2  You should check this page occasionally to ensure you are happy with any changes to this policy.

18.3  We may OR will notify you of changes OR significant changes to this policy by email.

  1. Our details

19.1  This website is owned and operated by Damian Cakala.

19.2  We are registered in England and Wales under registration number , and our registered office is at 243a carr road UB54RL London.

19.3  Our principal place of business is at 243a carr road London .

19.4  You can contact us:

(a)    by post, to the postal address given above;

(b)    using our website contact form;

(c)     by telephone, on the contact number published on our website; or

(d)    by email, using email address published on our website.

  1. Representative within the European Union

21.1  Our representative within the European Union with respect to our obligations under data protection law is identify representative .

 

 

Privacy and cookies policy (online shop): drafting notes

This privacy and cookies policy template has been designed for online stores selling goods, including B2B stores, B2C stores and those supplying goods both B2B and B2C. The policy sets out details of the processing of personal data by the online store in accordance with UK/EU laws concerning the protection of personal information – including the General Data Protection Regulation.

The core of the policy covers the categories of personal information which may be processed, the sources of that information (where it is not collected from the data subject), the purposes of processing, the legal basis for the processing and, where the legal basis is the store operator’s legitimate interests, details of those legitimate interests.

In addition, the template includes information about disclosures that the store operator may make. For instance, personal information may be disclosed to hosting services providers, payment services providers and other suppliers and subcontractors.

Businesses that operate overseas, or outsource parts of their operation abroad, may need to transfer personal information to other countries, and in the case of extra-UK/EEA transfers information about those transfers should be included in the policy.

Store operators will need to decide on data retention policies. In general, a data controller is not allowed to retain personal information obtained for a particular purpose or purposes for longer than is necessary for that purpose or those purposes. Appropriate disclosures relating to retention policies are included in this document.

Finally, almost all ecommerce websites will use cookies to improve the user experience: these enable the website to remember the user and track the user as he or she navigates the website. The website should identify the cookies it stores in a user’s computer, and the third-party cookies that may be stored as a result of the use of the website.

Regulation (EU) 2016/679 (General Data Protection Regulation) – https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679

Guidelines on transparency under Regulation 2016/679, European Data Protection Board – https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

The right to be informed, Guide to the GDPR, UK Information Commissioner’s Office – https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/the-right-to-be-informed/

Section 1: Introduction

Section 1.1

“Personal data” is defined in Article 4(1) of the GDPR:

“(1) ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

Section 1.2

Section 1.3

Optional element.

Section 1.4

Optional element.

The inclusion of this statement in your privacy policy will not in itself satisfy the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as regards consent to the use of cookies. Guidance concerning methods of obtaining such consent is included on the Information Commissioner’s website.

Cookies and similar technologies, Guide to PECR, UK Information Commissioner’s Office – https://ico.org.uk/for-organisations/guide-to-pecr/cookies-and-similar-technologies/

Section 2: The personal data that we collect

The GDPR requires that controllers disclose to data subjects certain information about the personal data that they collect, in particular where the data does not come direct from the data subject.

These provisions are designed to help with this requirement, and also to help you to categorise the personal data collected in a way that makes it easy to differentiate between types of personal data elsewhere in the document.

As you will see, there is quite a lot of overlap between the different categories that we suggest. For example, individual names could fall into several different categories. In editing these provisions, you should retain those categories of data that most closely reflect the organisation of data in your business, delete the others, and add new categories as necessary.

Turning to the legislative provisions, Article 14(1) of the GDPR provides that:

“Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: … (d) the categories of personal data concerned …”. 

Article 14(2) of the GDPR, which also applies in the case that the personal data have not been obtained from the data subject, provides that:

“In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: … (f) from which source the personal data originate, and if applicable, whether it came from publicly accessible sources … “.

As regards the identification of the source of personal data in the case that the personal data is not obtained from the data subject, the guidance from the European Data Protection Board states that:

“The specific source of the data should be provided unless it is not possible to do so … . If the specific source is not named then information provided should include: the nature of the sources (i.e. publicly / privately held sources) and the types of organisation / industry / sector.”

Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-13-gdpr/

Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-14-gdpr/

Guidelines on transparency under Regulation 2016/679, European Data Protection Board – https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Section 3: Purposes of processing and legal bases

The GDPR requires that controllers disclose to data subjects detailed information about the purposes and legal bases of their processing of personal data.

We have suggested some typical purposes here, but you may need to remove some of the suggested ones and add your own. Equally, while we have suggested some possible legal bases of processing in relation to each identified purpose or set of purposes, the most appropriate legal basis will depend upon your specific circumstances.

The relevant requirements are set out in Articles 13 and 14 of the GDPR.

Article 13(1) of the GDPR provides that:

“Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: … (c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; (d) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party”.

Article 14(1) of the GDPR provides that:

“Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: … (c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing …”. 

Article 14(2) of the GDPR, which also applies in the case that the personal data have not been obtained from the data subject, provides that:

“In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: … (b) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party … “.

Article 6(1)(f) of the GDPR, which is referred to in Articles 13 and 14, provides that:

“(1) Processing shall be lawful only if and to the extent that at least one of the following applies: … (f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.”

The UK Information Commissioner’s Office website provides useful guidance in relation to the selection of the legal bases for processing.

Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-13-gdpr/

Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-14-gdpr/

Article 6, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-6-gdpr/

Guidelines on transparency under Regulation 2016/679, European Data Protection Board – https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Lawful basis of processing, Guide to the GDPR, UK Information Commissioner’s Office – https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/

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Section 4: Automated decision-making

Optional element.

Article 13(2)(f) of the GDPR provides that:

“In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing: … (f) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.”

Profiling is defined in Article 4(4) of the GDPR:

“‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements”.

Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-13-gdpr/

Article 4, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-4-gdpr/

Section 5: Providing your personal data to others

Article 13(1)(e) of the GDPR requires that where personal data are collected from the data subject, the data controller must provide the data subject with information about “the recipients or categories of recipients of the personal data”.

Equivalent rules for data collected from someone other than the data subject are in Article 14(1)(e).

Although the GDPR refers to “categories of recipients”, the guidance from the European Data Protection Board on this subject states:

“The term ‘recipient’ is defined in Article 4.9 as ‘a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not’ [emphasis added]. As such, a recipient does not have to be a third party. Therefore, other data controllers, joint controllers and processors to whom data is transferred or disclosed are covered by the term ‘recipient’ and information on such recipients should be provided in addition to information on third party recipients. The actual (named) recipients of the personal data, or the categories of recipients, must be provided. In accordance with the principle of fairness, controllers must provide information on the recipients that is most meaningful for data subjects. In practice, this will generally be the named recipients, so that data subjects know exactly who has their personal data. If controllers opt to provide the categories of recipients, the information should be as specific as possible by indicating the type of recipient (i.e. by reference to the activities it carries out), the industry, sector and sub-sector and the location of the recipients.”

Section 6: International transfers of your personal data

Optional element.

Article 13(1)(f) of the GDPR requires that data controllers disclose to data subjects “where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 transfers subject to appropriate safeguards or 47 binding corporate rules, or the second subparagraph of Article 49(1) limited transfers for compelling legitimate interests, reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available”.

The European Data Protection Board (EDPB) guidance on this issues states:

“The relevant GDPR article permitting the transfer and the corresponding mechanism … should be specified. Information on where and how the relevant document may be accessed or obtained should also be provided e.g. by providing a link to the mechanism used. In accordance with the principle of fairness, the information provided on transfers to third countries should be as meaningful as possible to data subjects; this will generally mean that the third countries be named.”

Section 6.1

If the data controller is outside the United Kingdom and within the EEA, consider removing the reference to the United Kingdom from this provision.

 

Section 7: Retaining and deleting personal data

Article 5(1)(e) of the GDPR sets out the storage limitation, one of the fundamental rules of the regime:

“Personal data shall be: … kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject … “.

Article 13(2) of the GDPR provides, in relation to personal data collected from the data subject, that:

“… the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing: (a) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period …”.

Article 14(2) of the GDPR makes similar provision in relation to personal data that is not collected from the data subject.

The European Data Protection Board guidance on this issue states:

“This is linked to the data minimisation requirement in Article 5.1(c) and storage limitation requirement in Article 5.1(e). The storage period (or criteria to determine it) may be dictated by factors such as statutory requirements or industry guidelines but should be phrased in a way that allows the data subject to assess, on the basis of his or her own situation, what the retention period will be for specific data / purposes. It is not sufficient for the data controller to generically state that personal data will be kept as long as necessary for the legitimate purposes of the processing. Where relevant, the different storage periods should be stipulated for different categories of personal data and/or different processing purposes, including where appropriate, archiving periods.”

Article 5, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-5-gdpr/

Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-13-gdpr/

Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-14-gdpr/

Guidelines on transparency under Regulation 2016/679, European Data Protection Board – https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Section 7.3

Section 9: Your rights

Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-13-gdpr/

Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-14-gdpr/

Guidelines on transparency under Regulation 2016/679, European Data Protection Board – https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Section 9: Your rights

Article 13(2) of the GDPR provides that, where personal data is collected from a data subject, certain information about data subject rights must be provided:

“In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing: … (b) the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability; (c) where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal; …”.

Similar provisions are set out in Article 14 in relation to personal data which is not collected from the relevant data subject.

The European Data Protection Board guidance on this issue states:

“This information should be specific to the processing scenario and include a summary of what the right involves and how the data subject can take steps to exercise it and any limitations on the right … . In particular, the right to object to processing must be explicitly brought to the data subject’s attention at the latest at the time of first communication with the data subject and must be presented clearly and separately from any other information.”

Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-13-gdpr/

Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-14-gdpr/

Guidelines on transparency under Regulation 2016/679, European Data Protection Board – https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Section 9.3

The right to access is set out in Article 15 of the GDPR.

Article 15, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-15-gdpr/

Section 9.4

The right to rectification is set out in Article 16 of the GDPR.

Article 16, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-16-gdpr/

Section 9.5

The right to erasure (or right to be forgotten) is set out in Article 17 of the GDPR, and must be notified to data subjects under Articles 13(2)(b), 14(2)(c) and 15(1)(e) of the GDPR.

Consider modifying the highlighted circumstances and exclusions, depending upon what will be most relevant to your processing.

Article 17, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-17-gdpr/

Section 9.6

Article 18(1) of the GDPR states:

“The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies: (a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; (b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; (c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; (d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.

Article 18, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-18-gdpr/

Section 9.7

The right to object to processing is detailed in Article 21 of the GDPR, and must be notified to data subjects under Articles 21(4), 13(2)(b) and 14(2)(c).

Article 21, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-21-gdpr/

Section 9.8

Optional element.

Article 21(3) of the GDPR states:

“Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.”

Article 21, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-21-gdpr/

Section 9.9

Optional element.

This right is set out in Article 21(6) of the GDPR. 

Article 21, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-21-gdpr/

Section 9.10

The right to data portability is set out in full in Article 20 of the GDPR, and must be notified to data subjects under Articles 13(2)(b) and 14(2)(c).

Article 20, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-20-gdpr

Section 9.11

The right to lodge a complaint with a supervisory authority is set out in Article 77 of the GDPR, and must be notified to data subjects under Articles 13(2)(d), 14(2)(e) and 15(1)(f). 

Article 77, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-77-gdpr

Section 9.12

Article 7(3) of the GDPR sets out the right of withdrawal. The right must be notified to data subjects under Articles 13(2)(c) and 14(2)(d). See also Article 17(1)(b).

Article 7, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-7-gdpr

Article 17, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-17-gdpr/

Section 10: Third party websites

Optional element.

Section 11: Personal data of children

Optional element.

Section 13: About cookies

Under EU law, there are two additional requirements in relation to the use of cookies and similar technologies, which apply over-and-above the rules regulating the processing of personal data: a consent requirement and an information disclosure requirement. The provisions of this document relating to cookies are designed to aid compliance with the information disclosure requirement.

This requirement derives from Article 5(3) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), which provides that:

“Member States shall ensure that the use of electronic communications networks to store information or to gain access to information stored in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned is provided with clear and comprehensive information in accordance with Directive 95/46/EC, inter alia about the purposes of the processing, and is offered the right to refuse such processing by the data controller. This shall not prevent any technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network, or as strictly necessary in order to provide an information society service explicitly requested by the subscriber or user.”

The requirement is implemented in the UK in the Privacy and Electronic Communications (EC Directive) Regulations 2003. In its current (amended) form, Regulation 6 states:

“(1) Subject to paragraph (4), a person shall not store or gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.

(2) The requirements are that the subscriber or user of that terminal equipment – (a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and (b) has given his or her consent.

(3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use.

(3A) For the purposes of paragraph (2), consent may be signified by a subscriber who amends or sets controls on the internet browser which the subscriber uses or by using another application or programme to signify consent.

(4) Paragraph (1) shall not apply to the technical storage of, or access to, information – (a) for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or (b) where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user.”

In their original form, these Regulations can be found on the legislation.gov.uk website.

Directive 2002/58/EC (Directive on privacy and electronic communications) – https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32002L0058&from=EN

Privacy and Electronic Communications (EC Directive) Regulations 2003 (original form) – http://www.legislation.gov.uk/uksi/2003/2426/made

Note: Google’s has particular privacy notification requirements in relation to the publication of Google advertisements on a website.

Required content, AdSense Help, Google, Inc – https://support.google.com/adsense/answer/1348695?hl=en-GB

Section 19: Our details

UK companies must provide their corporate names, their registration numbers, their place of registration and their registered office address on their websites (although not necessarily in this document).

Sole traders and partnerships that carry on a business in the UK under a “business name” (i.e. a name which is not the name of the trader/names of the partners or certain other specified classes of name) must also make certain website disclosures: (a) in the case of a sole trader, the individual’s name; (b) in the case of a partnership, the name of each member of the partnership; and (c) in either case, in relation to each person named, an address in the UK at which service of any document relating in any way to the business will be effective.

All websites covered by the Electronic Commerce (EC Directive) Regulations 2002 must provide a geographic address (not a P.O. Box number) and an email address.

All website operators covered by the Provision of Services Regulations 2009 must also provide a telephone number.

Electronic Commerce (EC Directive) Regulations 2002 (original version) – https://www.legislation.gov.uk/uksi/2002/2013/made

Provision of Services Regulations 2009 – https://www.legislation.gov.uk/uksi/2009/2999

Section 21: Representative within the European Union

Section 21.1

Article 3(2) of the GDPR provides that:

“This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or (b) the monitoring of their behaviour as far as their behaviour takes place within the Union.”

Article 27(1) of the GDPR provides that:

“Where Article 3(2) applies, the controller or the processor shall designate in writing a representative in the Union.”

There are however some exceptions here. Article 27(2) of the GDPR provides that:

“The obligation laid down in paragraph 1 of this Article shall not apply to: (a) processing which is occasional, does not include, on a large scale, processing of special categories of data as referred to in Article 9(1) or processing of personal data relating to criminal convictions and offences referred to in Article 10, and is unlikely to result in a risk to the rights and freedoms of natural persons, taking into account the nature, context, scope and purposes of the processing; or (b) a public authority or body.”

Where a representative has been appointed, Article 13(1)(a) of the GDPR provides that:

“Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: (a) the identity and the contact details of the controller and, where applicable, of the controller’s representative”.

Article 3, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-3-gdpr

Article 27, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-27-gdpr

Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-13-gdpr/

Section 22: Data protection officer

Optional element.

Section 22.1

Some data controllers and data processors will have an obligation to appoint a data protection officer (DPO). The basic obligation is set out in Article 37(1) of the GDPR:

“The controller and the processor shall designate a data protection officer in any case where: (a) the processing is carried out by a public authority or body, except for courts acting in their judicial capacity; (b) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or (c) the core activities of the controller or the processor consist of processing on a large scale of special categories of data pursuant to Article 9 and personal data relating to criminal convictions and offences referred to in Article 10.”

Article 13(1) of the GDPR provides that:

“Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information … (b) the contact details of the data protection officer, where applicable”.

See also Article 14(1)(b).

Insert contact details of the appointed data protection officer (if any).

Article 37, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-37-gdpr

Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-13-gdpr/

Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-14-