Privacy Notice
- Introduction
- This Privacy Notice describes how and why Persimmon Plcand its subsidiary Persimmon Homes Limited(we or Persimmon) will acquire and use personal information about you (Personal Data) in connection with our project to assess and monitor pollutant levels and undertake investigations and precautionary testing on the land we own and on neighbouring residential land relating to our site at Tanyard Lane, Ross-on-Wye (the Project).
- For the purpose of the Data Protection Act 2018 (the Act) and the provisions of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 (GDPR), Persimmon is the data controller. We hold all Personal Data in accordance with the Act, the GDPR and the Privacy and Electronic Communications Regulations 2003 as amended, and any successor legislation.
- We are registered with the Information Commissioner’s Office and our Data Protection registration numbers are Z5249778 (Persimmon Plc) and Z6721606 (Persimmon Homes Limited). The portal at resident-portal.co.uk/swindonfarm (the Portal) has been set up as part of the Project and is operated by BECG Ltd trading as Cavendish Advocacy Ltd (Cavendish) on behalf of Persimmon.
- This Privacy Notice (together with the terms of the Portal and any other documents referred to on it) sets out how we acquire, use and process your Personal Data in accordance with data protection law.
- How we collect your Personal Data
- We collect Personal Data directly from you via the Portal or via our agents and consultants, including the parties listed at paragraph 4.1.1 below when we or they meet with you at events we have organised, visit you at your home (including, where you have consented to this, the undertaking of testing in your home) or otherwise communicate with you in connection with the Project by telephone, email or post. We may collect:
- your name, home address(es), age and gender, home and mobile telephone number(s), and email address(es);
- information you provide when you respond to requests to submit personal information about yourself to us;
- records of written and verbal communications between us; and
- information regarding your use of the Portal, including when you register and log in.
- We may also collect your Personal Data from third parties, for example:
- from public records (e.g. the electoral roll or Land Registry); and
- from other third parties with your consent (for example your appointed representatives).
- We do not anticipate that we will need to collect Special Category Personal Data (as defined in the GDPR) from you as part of the Project. This includes information relating to your health, racial or ethnic origin, political opinions or genetic data.
- We collect Personal Data directly from you via the Portal or via our agents and consultants, including the parties listed at paragraph 4.1.1 below when we or they meet with you at events we have organised, visit you at your home (including, where you have consented to this, the undertaking of testing in your home) or otherwise communicate with you in connection with the Project by telephone, email or post. We may collect:
- How we use your Personal Data
- We may use the information we collect about you in order to:
- communicate with you by telephone, email, SMS, or post in relation to the Project;
- meet our legal, regulatory and contractual obligations;
- contact you for your views and notify you occasionally about important changes or developments in respect of the Project;
- (with your consent) undertake physical assessments of the property you occupy and advise you of our findings;
- provide services and support in respect of the Project including undertaking any remedial works;
- administer, monitor, support, improve and develop our Portal to enhance operational capabilities, ensure content from the Portal is presented in the most effective manner for you and for internal operations;
- prepare a report of our findings; and
- verify or enforce compliance with this Privacy Notice and applicable laws or respond to your queries or if you exercise your rights under data protection law.
- We may use the information we collect about you in order to:
- Sharing your Personal Data
- We may share your Personal Data with:
- third parties which provide services for us where necessary for the delivery of the Project and/or the Portal, including Cavendish, PricewaterhouseCoopers LLP, Project manager, Campbell Reith Hill LLP, geotechnical consultants, CC Ground Investigations Limited, site investigation contractors and any other third parties we may retain to assist us in respect of the Project, acting at all times as our data processors;
- local authorities, law enforcement agencies or regulatory bodies, including Herefordshire Council, the UK Health Security Agency and the Environment Agency, where we are required to do so in order to comply with a regulatory or legal provision; and
- our professional advisers.
- We may share your Personal Data with:
- Our legal basis for using your Personal Data
- Our use of your Personal Data as outlined above is subject to different legal bases for processing, including where necessary for:
- Our legitimate interests, for example for the purposes of managing our business effectively and compliantly.
- Compliance with a legal obligation, for example meeting our obligations under consumer, health and safety, environmental and data protection law and making reports to regulatory authorities and to law enforcement agencies.
- For the performance of a contract to which you are subject or in order to take steps at your request prior to entering into such a contract.
- Where our use of your Personal Data is not necessary for one of the purposes outlined above we may seek your consent to use it in a particular way. Where we ask for your consent you are free to refuse our use of the data for those purposes and you may withdraw your consent at any time by contacting us using the details set out at section 12 below. Withdrawal of your consent will not affect the lawfulness of our processing of your Personal Data before such consent is withdrawn.
- In the event that you choose to provide us with Special Category Personal Data as set out at paragraph 2.3 above, we will only process such data in accordance with your explicit consent or in accordance with another legal basis for processing such data as set out at article 9 of the GDPR.
- Our use of your Personal Data as outlined above is subject to different legal bases for processing, including where necessary for:
- Links to Other websites
- This Privacy Notice does not extend to your use of, provision of your Personal Data to and collection of such data on any website not connected to us to which you may link by using the hypertext links within the Portal.
- If you follow a link to any of those websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their operation. Please check these policies before you submit any Personal Data to other websites linked via the Portal.
- How long we will keep your Personal Data
- We will retain your Personal Data for up to six years from the end of the Project or until no longer needed (unless we are required by law to keep it for a longer period).
- Transfer of your Personal Data
- We do not anticipate that the Personal Data that we collect from you will not be transferred to, or stored at, a destination outside the UK.
- However, if we do need to transfer your Personal Data outside the UK we will take all steps reasonably necessary to ensure that any such transfer is made securely and that there is adequate protection in place in order to protect your Personal Data, as required by the Act and Chapter V of the GDPR.
- Please contact us if you wish to find out more; if we ever transfer your Personal Data outside the UK you can ask us for a copy of relevant safeguards.
- Security
- The information you supply to us will be held on our computer systems and those of our agents and contracting parties acting as our data processors. The internet is not a secure medium, however we take all reasonable care to prevent any unauthorised access to your Personal Data.
- We take reasonable technical and organisational measures to protect Personal Data in our possession from loss, misuse and unauthorised access, disclosure, alteration and destruction.
- Personal Data is secured by us in the following ways:
- Personal Data is stored in a restricted access format;
- Personal Data will be transmitted in an encrypted format using Secure Sockets Layer (SSL) software;
- Relevant networks are secured with certified firewalls in a multi-layered manner;
- Our staff and the staff of our agents and contractors are only provided with limited access to Personal Data where required; and
- Network related equipment is secured with a password, and access is limited to authorised network engineers who support our equipment, systems and the Portal.
- If you register via the Portal, it is your responsibility to protect log-in details. You must treat these as confidential and must not share or disclose your log-in details, including your password, to any other party.
- We will require third parties acting on our behalf who collect or use your Personal Data under our instructions to agree to safeguard your Personal Data in accordance with this Privacy Notice and comply with data protection law.
- Your rights
- Your personal information is protected under data protection law and you have a number of rights (see below) which you can seek to exercise. Please contact us in writing, by email or telephone using the details shown under section 12 below if you wish to do so, or if you have any queries in relation to your rights. Please note these rights do not apply in all circumstances.
- We may need to verify your identity before we can respond to any request to exercise your rights.
- Right of access – subject to certain exceptions, you have the right of access to your Personal Data that we hold.
- Right to rectify your personal information – If you discover that the information we hold about you is inaccurate or incomplete, you have the right to have this information rectified (i.e. corrected).
- Right to be forgotten – You may ask us to delete information we hold about you in certain circumstances. This right is not absolute and it may not be possible for us to delete the information we hold about you, for example, if we have an ongoing contractual relationship or are required to retain information to comply with our legal obligations.
- Right to restriction of processing – In some cases you may have the right to have the processing of your personal information restricted. For example, where you contest the accuracy of your personal information, its use may be restricted until the accuracy is verified.
- Right to object to processing – You may object to the processing of your personal information (including profiling) when it is based upon our legitimate interests. You may also object to the processing of your personal information for the purposes of statistical analysis.
- Right to data portability – You have the right to receive, move, copy or transfer your personal information to another controller when we are processing your personal information based on consent or on a contract and the processing is carried out by automated means.
- Changes
- We may edit or amend this Privacy Notice from time to time. If we make any substantial changes to the Privacy Notice, we will notify you by using a permanent notice on the home page of the Portal. Please check our Portal frequently to see any updates or changes to this notice.
- As a result of improvements we make to our services, amendments to laws or regulation or developments in the technology or processes we use, we may change the Personal Data we hold about you and/or the way in which or the purposes for which we process such information. If we make any substantial changes in the way in which we use your Personal Data we will notify you by email.
- Contact & Complaints
- If you have any questions about how we treat your Personal Data and protect your privacy, if you have any comments or wish to seek to exercise any of your rights as outlined above or to complain, please contact the Data Protection Officer, Persimmon plc, Persimmon House, Fulford, York YO19 4FE.
- You may also lodge a complaint with the Information Commissioner’s Office, Water Lane, Wilmslow, SK9 5AF telephone 0303 123 1113. www.ico.org.uk/.