1. Introduction & Scope
1.1 Baker Street Quarter Partnership Limited is committed to protecting the privacy and security of your personal information (collectively referred to as “the Company”, “we”, “us” or “our”).
1.2 This Privacy Notice (“Notice”) describes how we collect and use personal information about you during and after your relationship with us, in accordance with the General Data Protection Regulation (“GDPR”).
1.3 This Notice applies to all individuals, staff, workers, and other persons associated with our members (“Members”), our website users, and those individuals who contract with the Company for the provision of services (“Consumers”) whether past, present or prospective and including any relevant third parties such as your permitted agents or representatives. This Notice does not form part of any contract to provide services you may have with the Company from time to time.
1.4 It is important that you read this Notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
1.5 We reserve the right to amend this Notice at any time without notice to you so, if required, please check to ensure that you are referring to the latest copy of this Notice. We may also notify you in other ways from time to time about the processing of your personal data.
2. Data Controller
2.1 Baker Street Quarter Partnership Limited of 64 Baker Street, London, W1U 7DF is a “data controller” for the purposes of the GDPR. This means that we are responsible for deciding how we hold and use personal information about you.
2.2 We have appointed Penny Alexander of 64 Baker Street, London, W1U 7DF (Tel: 0203 056 5910) to oversee compliance with this Notice (“the Data Privacy Manager”). If you have any questions about this Notice or how we handle your personal information, please contact the Data Privacy Manager.
2.3 You have the right to make a complaint at any time to the ICO (ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
3. Data protection principles
3.1 We will comply with data protection law. This says that the personal information we hold about you must be:
3.1.1 Used lawfully, fairly and in a transparent way.
3.1.2 Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3.1.3 Relevant to the purposes we have told you about and limited only to those purposes.
3.1.4 Accurate and kept up to date.
3.1.5. Kept only as long as necessary for the purposes we have told you about.
3.1.6 Kept securely.
4. The kind of information we hold about you
4.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). There are also “special categories” of more sensitive personal data which require a higher level of protection.
4.2 We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:
4.2.1 Identity Data includes first name, last name, marital status, title, date of birth, gender and occupation;
4.2.2 Contact Data includes billing address, home address, registered office address, email address and telephone numbers;
4.2.3 Financial Data includes bank account details and payment card details;
4.2.4 Transaction Data includes details of services you have purchased from us and details about payments to and from you;
4.2.5 Membership Data includes details of your relationship with our Members and the services supplied and received in connection with the administration and management of the Baker Street Quarter Partnership;
4.2.6 Image Data includes CCTV footage from our premises and photographs of you taken at our events or in connection with our communications;
4.2.7 Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website and any other information obtained through electronic means;
4.2.8 Usage Data includes information about how you use our website and services.
4.2.9 Profile Data includes details of orders made by you, your interests, preferences, feedback and survey responses; and
4.2.10 Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
4.3 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Notice.
4.4 We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
5. How is your personal information collected?
5.1. We collect personal information about you when you correspond with us directly either by filling in our forms or by contacting us by post, phone, email or in person. We may also collect personal information about you from publicly available sources. This specifically includes personal data you provide when you:
5.1.1 apply for our services;
5.1.2 fill in our forms at events or provide us with your business card;
5.1.3. subscribe to our services, newsletters or publications;
5.1.4 request collateral or marketing material to be sent to you;
5.1.5 enter a competition, promotion or survey; or
5.1.6 give us some feedback.
6. How we will use information about you
6.1 We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
6.1.1 Where we need to perform the contract we have entered into with you.
6.1.2 Where we need to comply with a legal obligation.
6.1.3 Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
6.1.4 Where we have obtained your consent.
6.2 We may also use your personal information in the following situations, which are likely to be rare:
6.2.1 Where we need to protect your interests (or someone else’s interests).
6.2.2 Where it is needed in the public interest or for official purposes.
7.1 Generally, we do not rely on consent as a legal basis for processing your personal data and we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. However, we do require your consent to contact you from time to time with our newsletter, some marketing content and on occasion information about our services.
7.2 We will obtain your consent to contact you when you subscribe to our newsletters or as part of our direct communications with you. At that time, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of any contract with us that you agree to any request for consent from us.
8. Situations in which we will use your personal information
8.1 We need all the categories of information set out at paragraph 4 above primarily to allow us to perform our agreement with you and to enable us to comply with our legal obligations. We may also use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests.
8.2 The situations in which we will most commonly process your personal information are listed below:
8.2.1 to register you as a member of staff at a Member Company or Consumer (as the case may be);
8.2.2 to administer your membership, to include communicating with you regarding roadwork updates, on-going street management, security concerns, recycling, other green projects, events, activities and our other initiatives in the Baker Street Quarter Partnership from time to time;
8.2.3 to process and deliver your bookings, such as your use of our meeting spaces, training courses or guided walks;
8.2.4 to manage the payment of fees and charges;
8.2.5 to respond to, or follow up on, your comments and questions, and otherwise provide customer service;
8.2.6 to contact you from time to time with information about sales offers from our Members, news in the Baker Street Quarter and/or our services generally;
8.2.7 to create promotional material using photographs or attendance information taken at our events;
8.2.8 complying with health and safety obligations;
8.2.9 updating and enhancing our Member and Consumer records;
8.2.10 analysis for management purposes and the improvement of our services;
8.2.11 administering and protecting our business and website;
8.2.12 asking you to leave a review or take a survey;
8.2.13 enabling you to partake in a prize draw, competition or complete a survey;
8.2.14 to monitor your use of our information and communication systems to ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems;
8.2.15 delivering relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve you;
8.2.16 using data analytics to improve our website, services, marketing, and experiences;
8.2.17 to make suggestions and recommendations to you about goods or services that may be of interest to you;
8.2.18 crime prevention; and/or
8.2.19 legal and regulatory compliance.
8.3 Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
9.1 You will receive marketing communications from us if you have requested information from us, purchased services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
9.2 We may use your personal information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you.
9.3 You can ask us or third parties to stop sending you marketing messages at any time by following the ‘unsubscribe’ links on any marketing message sent to you or by contacting us at any time.
9.4 Where you opt out of receiving marketing messages, we may still process your personal data, in compliance with the above rules, where this is required or permitted by law.
10. If you fail to provide personal information
Where we need to collect personal data by law, or under the terms of an agreement we have with you and you fail to provide that data when requested, we may not be able to administer your membership or perform the agreement we have or are trying to enter into with you. In this case, we may have to cancel the agreement you have with us but we will notify you if this is the case at the time.
11. Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
12. Automated decision-making
We do not envisage any decisions will be taken about you by automated means, however we will notify you in writing if this position changes. Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention.
13. Data sharing
13.1. We may have to share your Data with third parties. We will only share your Personal Data with third parties where required by law, where it is necessary to administer your relationship with us or where we have another legitimate interest in doing so.
13.2 “Third parties” includes third-party service providers such as our contractors, suppliers and designated agents. We may also need to share your personal information with a regulator or to otherwise comply with the law.
13.3 Third parties in the United Kingdom and the EU are subject to the provisions of the GDPR or similar regulations in relation to your personal data.
13.4 Our third-party service providers are required to take appropriate security measures to protect your personal information and we do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
14. Joint Controllers
14.1 Separately to the above, the Company may share your data with its street management team ‘The Welcome People’, the City of Westminster Council and other public and governmental bodies in connection with the administration and management of the Baker Street Quarter Partnership.
14.2 Each party is considered a “joint controller” for the purposes of the GDPR which means that the parties may jointly determine the purposes and means of processing of your personal data.
14.3 Generally, the parties will only share personal data in connection with the management of the Baker Street Quarter Partnership, in compliance with their own legal obligations, and the enforcement and administration of justice. However, each party may use your personal data for their own independent purposes where this is required or permitted by law.
14.4 Each party is responsible for its own obligations as a ‘controller’ under the GDPR but if you have any questions about how your data may be shared please contact the Data Privacy Manager.
15. Third-party links on our Website
15.1 Our website may include links to third-party websites, plug-ins and applications from our partners, members, advertisers or affiliates. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.
15.2 Similarly, if you take up any offers or promotions with our affiliates, those third parties may pass information on to their own suppliers once we have provided it to them. We are not responsible for personal data that is used by such third parties in their capacity as independent or joint ‘data controllers’.
15.3 When you leave our website or otherwise engage with third-parties, we would urge you to read the privacy notice of every website you visit to ensure you are fully informed of all data processing activities connected with the services you receive from us.
16. Transfers outside the EU
16.1. We may also be required to transfer your personal data outside the EU. The GDPR restricts data transfers to countries outside the EEA in order to ensure that the level of data protection afforded to individuals by the GDPR is not undermined. We transfer personal data originating in one country across borders when we transmit, send, view or access that data in or to a different country.
16.2. We may transfer Personal Data outside the EEA if one of the following conditions applies:
16.2.1. the European Commission has issued a decision confirming that the country to which we transfer the personal data ensures an adequate level of protection for the data subjects’ rights and freedoms;
16.2.2. appropriate safeguards are in place such as binding corporate rules (BCR), standard contractual clauses approved by the European Commission, an approved code of conduct or a certification mechanism;
16.2.3. you have provided explicit consent to the proposed transfer after being informed of any potential risks; or
16.2.4 the transfer is necessary for one of the other reasons set out in the GDPR including the performance of your contract with us, reasons of public interest, to establish, exercise or defend legal claims or to protect your vital interests where you are physically or legally incapable of giving consent and, in some limited cases, for our legitimate interest.
16.3 Please contact the Data Privacy Manager if you want further information about when we may transfer your information outside the EEA and the specific mechanisms used by us to ensure the protection of your personal data.
17. Data security
17.1 The GDPR requires us to put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. We ensure that reasonable security measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.
17.2 We have also put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
17.3 If you have any questions about our current organisational and technical security procedures, please contact the Data Privacy Manager.
18. How long will you use my information for?
18.1 We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
18.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
18.3 Details of retention periods for different aspects of your personal information are available on request from the Data Privacy Manager.
18.4 In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
Rights of access, correction, erasure, and restriction
19. Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
20. Your rights in connection with personal information
20.1 Under certain circumstances, by law you have the right to:
20.1.1 Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
20.1.2 Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
20.1.3 Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
20.1.4 Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
20.1.5 Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
20.1.6 Request the transfer of your personal information to another party.
20.2 If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the Data Privacy Manager in writing.
21. No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
22.What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
23. Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Data Privacy Manager. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
If you have any questions about this Notice, please contact the Data Privacy Manager.