Privacy Policy
Background
Mark Tonks & Associates understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all, of our Customers, Suppliers, and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
1. Information About [Us] [ Mark Tonks and Associates Limited.]
Mark Tonks & Associates Limited [Brand name: Orange and Blue Action]
Registered in England under company number 05844955
Registered address: 63 Four Oaks Common Road, Sutton Coldfield West Midlands B74 4NW.
VAT number: 900 5753 48.
Website: www.orangeandblueaction.com
Data Protection Officer: Nichola Tonks.
Email address: nicky@orangeandblueaction.com.
Telephone number: 0121 308 5628.
Postal Address: 63 Four Oaks Common Road, Sutton Coldfield West Midlands, B74 4NW
We are a Member of Greater Birmingham Chambers of Commerce.
2. What Does This Notice Cover?
This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.
3. What is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified, by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
The personal data that we use is set out in Part 5, below.
4. What Are My Rights?
Under the GDPR, you have the following rights, which we will always work to uphold:
- The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.
- The right to access the personal data we hold about you. Part 10 will tell you how to do this.
- The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
- The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 11 to find out more.
- The right to restrict (i.e. prevent) the processing of your personal data.
- The right to object to us using your personal data for a particular purpose or purposes.
- The right to data portability. This means that you can ask us for a copy of your personal data held by us to re-use with another service or business in many cases.
- Rights relating to profiling. [Part 6 explains more about how we use your personal data, in relation to profiling.]
For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
5. What Personal Data Do You Collect?
We may collect some, or all, of the following personal data (this may vary according to your relationship with us:
- Name
- Gender
- Address
- Email address
- Telephone number
- Business name
- Job title
- Profession
- Banking details
6. How Do You Use My Personal Data?
Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data will be used for OR may be used for one of the following purposes:
- Providing and managing your account.
- Supplying our products and services to you. Your personal details are required, in order, for us to enter into, a contract with you.
- Personalising and tailoring our products and services for you.
- Communicating with you. This may include responding to emails or calls from you.
- Supplying you with information by telephone, text message, email, direct and/or post that you have opted-in to (you may unsubscribe or opt-out at any time by contacting: nicky@orangeandblueaction.com).
With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone and/or text message and/or post with information, news, and offers on our products and services. you will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always, have, the opportunity to opt-out.
We use the following automated system for carrying out profiling. If at any point you wish to query our profiling system. Please contact us to find out more using the details in Part 11.
- The following automated profiling may take place with your consent:
- Prevue Online Assessments. prevuehr.com
- Data used: Name and email address
- Producing: Personality, Coaching, and Personal Development reports.
- Consent: Your consent to complete an online assessment will be requested before you begin.
7. How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary, in, light of the reason(s) for which it was first collected. Your personal data will therefore be kept where the following factors will be used to determine how long.
- Nature of relationship, contractual agreement, legitimate business interests, financial accounting and legal requirements.
8. How and Where Do You Store or Transfer My Personal Data?
We may store your personal data in the UK. This means that it will be fully protected under the GDPR.
We may store your personal data in Canada. This means that it will be fully protected under the GDPR.
- GDPR Article 44 stipulates that a transfer of personal data to a country outside the EU may take place where the European Commission has decided that the country in question ensures an adequate level of protection.
- The European Commission has recognized that Canada is providing adequate protection. Directive 95/46/EC of the European Parliament the European Commission confirmed that PIPEDA provides adequate protection of the personal data of European citizens. See European Commission’s data protection website for confirmation.
- The effect of the European Commission’s decision is that personal data can flow from the EU to Canada without any further safeguard being necessary. In other words, transfers of personal data to Canada will be assimilated to intra-EU transmissions of data.
We may store your personal data within the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the GDPR or to equivalent standards by law.
OR
We may store or transfer some, or all, of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps, in order, to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR including:
9. Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to one important exception.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
OR
We may share your personal data with other companies for provision of agreed services, where consent is given by you.
We may sometimes contract with the following third parties to supply products AND/OR services to you on our behalf. These may include payment processing, delivery, and marketing. In some cases, those third parties may require access to some, or all, of your personal data that we hold.
- Prevue HR Systems Inc. prevuehr.com
- PayPal
If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law.
We contract with third parties (as described above), and those third parties are, located OR We may sometimes contract with third parties (as described above) that are located outside of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). If any personal data is transferred to a third party outside of the EEA, we will take suitable steps, in order, to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR, as explained above in Part 8.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
10. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask u] for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11. To make this as easy as possible for you, we will send a Subject Access Request Form for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within 7 days and, in any case, not more than one month of receiving it. Normally, aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date receive your request. You will be kept fully informed of our progress.
11. How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a
subject access request, please use the following details (for the attention of Nicky Tonks.)
Email address: nicky@orangeandblueaction.com.
Telephone number: 0121 308 5628.
Postal Address: 63 Four Oaks Common Road, Sutton Coldfield West Midlands B74 4NW.
12. Changes to this Privacy Notice
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be made available on our website: www.orangeandblueaction.com