Privacy Notice

Positive ER Solutions Limited is committed to protecting the privacy and security of your personal information. This privacy notice explains how Positive ER Solutions Limited collects and uses any personal information collected about you when you access the services of Positive ER Solutions Limited in accordance with the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’). Positive ER Solutions Limited will need to deal with (‘process’) your information so that Positive ER Solutions Limited can provide a service to you. Also, this privacy notice tells you about your legal rights in relation to such information under the GDPR or other data protection laws which may apply.

Jonathan Moye, Director of Positive ER Solutions (the Data Controller) is the data processor (person responsible for the processing of personal data) on behalf of Positive ER Solutions Limited.

Data Protection Principles

Personal data must be processed in accordance with six ‘Data Protection Principles.’ It must:

• be processed fairly, lawfully and in a transparent manner;
• be collected and processed only for specified, explicit and legitimate purposes and not used in any way that is incompatible with these purposes;
• be adequate, relevant and limited to what is necessary for the purposes for which it is processed;
• be accurate and kept up to date. Any inaccurate data must be deleted or rectified without delay;
• not be kept for longer than is necessary for the purposes for which it is processed; and
• be processed securely.

Positive ER Solutions Limited is accountable for these principles and must be able to show compliance with such principles.

Your personal information and why it is needed?

Positive ER Solutions Limited needs to collect some personal information about you to form a service provider/customer relationship and to create and maintain proper records in respect of that relationship. This information will include your:

• organisation name;
• contact name;
• contact address;
• contact e-mail address;
• financial details;
• contact phone number

Positive ER Solutions Limited will also need to gather other details that are relevant to the work that you want Positive ER Solutions Limited to do.

What information does Positive ER Solutions Limited not collect about you?

Positive ER Solutions Limited does not require or process special categories of information relating to your racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, sexual orientation, identifiable physiological or behavioural characteristics (fingerprints for example), criminal convictions and offences or information about your health, medical condition or sickness records.

However, Positive ER Solutions Limited may process such data, as indicated above, in relation to your employees, workers, agents or other third parties where you supply it to Positive ER Solutions Limited for the purposes of Positive ER Solutions Limited providing you with advice or other related services. This type of information will only be used for the specific purpose you supplied it.

How will Positive ER Solutions Limited use the information about you?

Data protection laws say that Positive ER Solutions Limited has to have a legal basis for processing your information. In most cases Positive ER Solutions Limited will only process your personal information:

• so Positive ER Solutions Limited can carry out performance of its services to you;
• complying with any legal obligations;
• where necessary in the legitimate interests of Positive ER Solutions Limited and where your interests and fundamental right s do not override these interests.

If none of these reasons apply, Positive ER Solutions Limited may have to ask you for your specific permission and will provide full details of the information that Positive ER Solutions Limited would like and the reason for it being received. If Positive ER Solutions Limited has asked you for your specific permission to have and use such personal information, then you may withdraw the consent at any time by contacting Positive ER Solutions Limited here. This will not affect any processing of your personal information which Positive ER Solutions Limited had done before your consent was withdrawn.

Positive ER Solutions Limited may therefore collect, hold and use the information collected to compile statistical data; maintain a database; respond to email enquiries; manage quality control; manage systems administration; attend to compliance issues and provide you or your organisation with advice or other services relevant to the work you want Positive ER Solutions Limited to do. Positive ER Solutions Limited may use your details to contact you with information about services provided if it is thought this may interest you. You can tell Positive ER Solutions Limited not to send you such messages.

Will Positive ER Solutions Limited disclose your data?

Positive ER Solutions Limited may disclose your personal information (or that of your employees, workers, agents or other third parties where you supply it to Positive ER Solutions Limited for the purposes of providing advice or other related services), on a confidential basis, to external service providers (for example other experts and professionals such a solicitors, accountants, medical practitioners) so that they can provide services such as financial or administrative services in connection with the operation of Positive ER Solutions Limited’s business and the delivery of Positive ER Solutions Limited’s service to you; and to any person (where necessary) in connection with their services, such as law enforcement, regulatory authorities, partners or advisors.

Positive ER Solutions Limited requires those service providers to keep your personal data confidential and secure and to protect it in accordance with the law. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with the instructions of Positive ER Solutions Limited.

Positive ER Solutions Limited does not send your personal data outside the European Economic Area. If this changes you will be notified of this and the protections which are in place to protect the security of your data will be explained.

How long will Positive ER Solutions Limited retain personal data?

Personal data will not be kept for longer than is necessary for the purposes for which it is processed including for the purposes of satisfying any contractual, legal and regulatory obligations, accounting or reporting requirements and legitimate business interests.

Access to your information and other rights

Under the GDPR and the Data Protection Act 2018 (DPA 2018) you have a number of rights with regard to your personal data.

Please contact Positive ER Solutions Limited should you require more detail/wish to exercise your rights:

• The right to information about what personal data Positive ER Solutions Limited processes, how and on what basis as set out in this Privacy Notice.
• The right to access your own personal data by way of a data subject access request. Identification of yourself will be requested for security purposes to prevent personal information being disclosed to any person who has no right to receive it.
• The right of rectification – you have the right to correct any personal information Positive ER Solutions Limited holds about you that is inaccurate or incomplete.
• The right to be forgotten – in certain circumstances you can ask for personal information Positive ER Solutions Limited holds about you to be erased from the records of Positive ER Solutions Limited. If Positive ER Solutions Limited has another legal obligation to keep your information which would mean that erasure was not possible this will be explained to you upon you making such a request.
• The right to object to certain types of data processing where Positive ER Solutions Limited is relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground.
• The right of portability i.e. to receive a copy of your personal data and to transfer your personal data to another data controller. Positive ER Solutions Limited will not charge for this and will in most cases aim to do this within one month.
• The right to object to important decisions being made about you, or anything about you being evaluated by an automated process without any human involvement. At current Positive ER Solutions Limited does not utilise aby automated processes of such a nature. However, if this position changes you will be notified in writing.
• The right to be notified of a significant data security breach concerning your personal data where Positive ER Solutions Limited is legally required to do so.
• In most situations Positive ER Solutions Limited will not rely on your consent as a lawful ground to process your data. If Positive ER Solutions Limited does however request your consent to the processing of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent later.
• Positive ER Solutions Limited wants to make sure that your personal information is accurate and up to date. Please contact Positive ER Solutions Limited to correct or remove information you think is inaccurate or out of date.

Positive ER Solutions Limited will not make a charge for you to access your personal data, nor to exercise any of the other above rights.

Complaints

You have the right to complain to the Information Commissioner. You can do this by contacting the Information Commissioner’s Office directly. Full contact details are indicated below:

Website: www.ico.org.uk Telephone: 0303-1231113 Address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

How to contact Positive ER Solutions Limited

Please review the website regularly as this statement may change from time to time. Positive ER Solutions Limited reserves the right to update this privacy notice at any time. If you have any questions about our privacy policy or information we hold about you, please click here to contact:

Jonathan Moye MCIPD, Director,
Positive ER Solutions Limited