GDPR: PRIVACY POLICY
(DATA PRIVACY NOTICE)
FOR CLIENTS AND SUPPLIERS

Definitions

Data controller – A controller determines the purposes and means of processing personal data.

Data processor – A processor is responsible for processing personal data on behalf of a controller.

Data subject
Natural person

Categories of data: Personal data and special categories of personal data

Personal data – The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified by reference to an identifier (as explained in Article 6 of GDPR). For example, name, driving license number, passport number, home address or private email address. Online identifiers include IP addresses and cookies.

Special categories personal data – The GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.

Processing – means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Third party – means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

SM Planning Ltd is the data controller. This means SM Planning Ltd decide how your personal data is processed and for what purposes. For all data matters contact our Data Protection Representative, by email at [email protected]

The purposes of processing your personal data

We use your personal data for the following purposes:

• to carry out our obligations arising from any appointments entered between you and SM Planning Ltd and to provide you with the information and services that you have requested from us;

• to include your contact details (name and address) on any applications to Local Authorities and other Government Departments we make on your behalf. These are submitted to the Local Authority/Government directly or through the Government’s Planning Portal website;

• to maintain our own records and accounts;

• to notify you about changes to our service.

The categories of personal data concerned

With reference to the categories of personal data described in the definitions section, we process the following categories of your data:

• Personal data
name, address, your site address, telephone number, email address, bank account details, other information including financial information that may be required to support a particular planning application.

What is our legal basis for processing your personal data?
a) Personal data (article 6 of GDPR)
Our lawful basis for processing your general personal data:

Our customers
We need to process your personal data to fulfil contractual obligations
you appoint us to conduct a piece of work on your behalf and enter into an agreement with us for that work. We use your personal data to record the job reference allocated to your work and use your information to submit applications on your behalf. Our lawful basis is therefore:

Article 6 (1)(b)
processing in necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering a contract

Our suppliers
We purchase supplies and services for our business from a range of suppliers. Supplier contact and bank details are stored in our accounting system. We have entered a contract for these supplies hence our lawful basis for processing our suppliers’ personal data is:

Article 6 (1)(b)
processing in necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering a contract.

Other third-party consultants we work alongside. Our work is often run in conjunction with other specialists work e.g. a company offering architectural services may supply the plans for the proposed site that we are aiming to obtain planning permission for. Whilst it is our client that enters a contractual arrangement with other consultants and specialists, we do maintain a record of individuals and companies offering relating services and provide these details to our clients if needed. Our lawful basis for processing the personal data of these consultants is:

Article 6 (1)(a)
the individual has given clear consent for you to process their personal data for a specific purpose.

Sharing your personal data

Your personal data will be treated as strictly confidential, and will be shared only with:
• Local Authorities or appropriate Central Government Department (directly or through the Governments Planning Portal system), when we are making an application or representation to them on your behalf;

• Consultants linked to the work we are undertaking for you e.g. architects, highways consultants, ecology specialists, archaeological experts and other third-party specialists;

• Other parties with a legal interest in the application site. Where we pass on contact details of other specialists that have given their consent for us to do so, we will only supply this information to our clients or prospective clients looking for such services.

How long do we keep your personal data?

We keep your personal data for no longer than reasonably necessary for a period of up 40 years. It is necessary to keep data for this period due to the lengthy process of town planning in some instances. For example, some Local Authorities have not updated their Local Plan for a considerable number of years, and we may be required to look back into historic cases.

Providing us with your personal data
We require your personal data as it is a requirement necessary to enter a contract for our services.

Your rights and your personal data

Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:

• The right to request a copy of the personal data which we hold about you;

• The right to request that we correct any personal data if it is found to be inaccurate or out of date;

• The right to request your personal data is erased where it is no longer necessary to retain such data;

• The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated
means);

• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;

• The right to object to the processing of personal data, (where applicable i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority); direct marketing and processing for the purposes of scientific/historical research and
statistics).

Transfer of Data Abroad
SM Planning Ltd do not and will not transfer personal data outside the EEA. Automated Decision Making SM Planning Ltd do not use any form of automated decision making in our business.

Further processing
If SM Planning Ltd wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.

Changes to our Privacy Policy
Any changes SM Planning Ltd may make to our privacy policy in the future will be posted on our web page. Please check back there frequently to see any updates or changes to our Privacy Policy.

How to make a complaint
To exercise all relevant rights, queries or complaints please in the first instance contact our Data Protection Representative via email to [email protected].
If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email
https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe

House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.