Privacy Policy

Introduction
1. We are committed to safeguarding the privacy of our website visitors and service users.
2. This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
3. By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.
4. In this policy, “we”, “us” and “our” refer to data controller name. For more information about us, see Section 13.
Credit
1. This document was created using a template from SEQ Legal (seqlegal.com).
How we use your personal data
1. In this Section 3 we have set out:
  1. the general categories of personal data that we may process;
  2. in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
  3. the purposes for which we may process personal data; and
  4. the legal bases of the processing.
2. We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
3. We may process your account data (“account data”). The account data may include your name and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
4. We may process your information included in your personal profile on our website (“profile data”). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
5. We may process your personal data that are provided in the course of the use of our services (“service data”). The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
6. We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
7. We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data”). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
8. We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
9. We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
10. We may process identify general category of data. The source of this data is you. This data may be processed for specify purposes. The legal basis for this processing is our legitimate interests, namely the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
11. We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
12. We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
13. In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
14. Please do not supply any other person’s personal data to us, unless we prompt you to do so.
Providing your personal data to others
1. We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
2. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3. In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
Retaining and deleting personal data
1. This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
2. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
3. Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Amendments
1. We may update this policy from time to time by publishing a new version on our website.
2. You should check this page occasionally to ensure you are happy with any changes to this policy.
3. We may notify you of changes to this policy by email.
Your rights
1. You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
  1. the payment of a fee (currently fixed at GBP 10); and
  2. the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
2. We may withhold personal information that you request to the extent permitted by law.
3. You may instruct us at any time not to process your personal information for marketing purposes.
4. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
About cookies
1. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
2. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
3. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
Cookies that we use
1. We use cookies for the following purposes:
  1. authentication – we use cookies to identify you when you visit our website and as you navigate our website;
  2. status – we use cookies to help us to determine if you are logged into our website;
  3. personalisation – we use cookies to store information about your preferences and to personalise the website for you;
  4. security – we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
  5. analysis – we use cookies to help us to analyse the use and performance of our website and services; and
  6. cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally.
Cookies used by our service providers
1. Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
2. We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: www.google.com/policies/privacy/.
Managing cookies
1. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
  1. support.google.com/chrome/answer/95647?hl=en (Chrome);
  2. support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
  3. www.opera.com/help/tutorials/security/cookies/ (Opera);
  4. support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
  5. support.apple.com/en-gb/guide/safari/sfri11471/mac (Safari); and
  6. privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
2. Blocking all cookies will have a negative impact upon the usability of many websites.
3. If you block cookies, you will not be able to use all the features on our website.
Our details
1. This website is owned and operated by Marsh Design Limited.
2. We are registered under registration number 04572796, and our registered office is at 51 Trinity Street, Huddersfield, HD1 4DN.
3. Our principal place of business is at 51 Trinity Street, Huddersfield, HD1 4DN.
4. You can contact us:
  1. by post, to the postal address given above;
  2. using our website contact form;
  3. by telephone, on the contact number published on our website; or
  4. by email, using the email address published on our website.

Recruitment Privacy Policy

As part of any recruitment process, Marsh Design Limited collect and process personal information, or personal data, relating to job applicants. Personal information may be held by the company on paper or in electronic format.

Marsh Design Limited are committed to being transparent about how they collect and use that data and to meeting their data protection obligations under the General Data Protection Regulation (“GDPR”) including but not limited to the Directive 96/46/EC (Data Protection Directive) and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK.

The purpose of this privacy policy is to make you aware of how and why we collect and use your personal information during the recruitment process. We are required under the GDPR to notify you of the information contained in this privacy policy.

This privacy policy applies to all job applicants, whether they apply for a role directly or indirectly through an employment agency. It is non-contractual.

If you have any questions about this privacy policy or about how we handle your personal information, please contact us at info@marshdesign.co.uk.

Data Protection Principles

Under the GDPR, there are six data protection principles that the Company must comply with. These provide that the personal information we hold about you must be:

Processed lawfully, fairly and in a transparent manner.
Collected only for legitimate purposes that have been clearly explained to you and not further processed in a way that is incompatible with those purposes.
Adequate, relevant and limited to what is necessary in relation to those purposes.
Accurate and, where necessary, kept up to date.
Kept in a form which permits your identification for no longer than is necessary for those purposes.
Processed in a way that ensures appropriate security of the data.

Marsh Design Limited are responsible for, and must be able to demonstrate compliance with, these principles. This is called accountability.

What types of personal information do we collect about you?

Personal information is any information about an individual from which that person can be directly or indirectly identified. It doesn’t include anonymised data i.e. where all identifying particulars have been removed. There are also “special categories” of personal information, and personal information on criminal convictions and offences, which requires a higher level of protection because it is of a more sensitive nature.

The special categories of personal information comprise information about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership. health, sex life or sexual orientation and genetic and biometric data.

Marsh Design Limited collect, use and process a range of personal information about you during the recruitment process. This includes (as applicable):

your contact details, including your name, address, telephone numbers and personal email address.
personal information included in a speculative letter or application, curriculum vitae (CV), any application form, cover letter or interview notes or given verbally.
references.
information about your right to work in the UK and copies of proof of right to work documentation.
copies of qualification certificates.
copy of your driving licence photo card and a PDF of your driver record (which can be found online using the following link: https://www.gov.uk/view-driving-licence), a copy of your car insurance certificate/policy including business use, copy of your MOT certificate, Copy of the latest vehicle service invoice/schedule (vehicles must be serviced in accordance with the manufacturer’s guidelines), copy of the vehicle breakdown cover;
other background check documentation.
details of your skills, qualifications, experience and work history with previous employers.
information about your current or latest salary level, including benefits and pension entitlements.
your professional memberships.

Marsh Design Limited may also collect, use and process the following special categories of your personal information during the recruitment process (as applicable):

whether or not you have a disability for which the Companies need to make reasonable adjustments during the recruitment process.
information about your racial or ethnic origin, religious or philosophical beliefs and sexual orientation.
information about criminal convictions and offences.

How do we collect your personal information?

Marsh Design Limited collect personal information about you during the recruitment process either directly from you or sometimes from a third party such as an employment agency. We may also collect personal information from current and former employers, information from background check providers, information from credit reference agencies and criminal record checks from the Disclosure and Barring Service (DBS). Other than employment agencies, the Companies will only seek personal information from third parties during the recruitment process once an offer of employment or engagement has been made to you and we will inform you that we are doing so.

You are under no statutory or contractual obligation to provide personal information to Marsh Design Limited during the recruitment process.

Your personal information may be stored in different places, including on your application record, in Marsh Design Limited HR management system and in other IT systems, such as the e-mail system.

Why and how do we use your personal information?

We will only use your personal information when the law allows us to do so. These are known as the legal bases for processing. We will use your personal information in one or more of the following circumstances:

where we need to do so to take steps at your request prior to entering into a contract with you, or to enter into a contract with you.
where we need to comply with a legal obligation.
where it is necessary for our legitimate interests (or those of a third party), and your interests or your fundamental rights and freedoms do not override our interests.

In some cases, we may also use your personal information where it is necessary to pursue our legitimate interests (or those of a third party), provided that your interests or your fundamental rights and freedoms do not override our interests. Our legitimate interests include pursuing our business by employing employees, workers and contractors; managing the recruitment process; conducting due diligence on prospective staff and performing effective internal administration.

The purposes for which we are processing, or will process, your personal information is to:

manage the recruitment process and assess your suitability for employment or engagement.
decide whom to offer a job to.
comply with statutory and/or regulatory requirements and obligations, e.g. checking your right to work in the UK.
comply with the duty to make reasonable adjustments for disabled job applicants and with other disability discrimination obligations.
ensure compliance with your statutory rights.
ensure effective HR, personnel management and business administration.
monitor equal opportunities.
enable us to establish, exercise or defend possible legal claims.

Please note that we may process your personal information without your consent, in compliance with these rules, where this is required or permitted by law.

What if you fail to provide personal information?

If you fail to provide certain personal information when requested, we may not be able to process your job application properly or at all, we may not be able to enter into a contract with you, or we may be prevented from complying with our legal obligations. You may also be unable to exercise your statutory rights.

Why and how do we use your sensitive personal information?

We will only collect and use your sensitive personal information, which includes special categories of personal information and information about criminal convictions and offences, when the law allows us to do so.

Some special categories of personal information e.g. information about your health, and information about criminal convictions and offences, is processed so that we can perform or exercise our obligations or rights under employment law and in line with our data protection policy.

We may also process information about your health and information about any criminal convictions and offences where we have your explicit written consent. In this case, we will first provide you with full details of the personal information we would like and the reason we need it, so that you can properly consider whether you wish to consent or not. It is entirely your choice whether to consent. Your consent can be withdrawn at any time.

The purposes for which we are processing, or will process, health information and information about any criminal convictions or offences, are to:

assess your suitability for employment or engagement.
comply with statutory and/or regulatory requirements and obligations, e.g. carrying out criminal record checks.
comply with the duty to make reasonable adjustments for disabled job applicants and with other disability discrimination obligations.
ensure compliance with your statutory rights.
ascertain your fitness for work.
ensure effective HR, personnel management and business administration.
monitor equal opportunities.

Where Marsh Design limited process other special categories of personal information i.e. information about your racial or ethnic origin, religious or philosophical beliefs and sexual orientation, this is done only for the purpose of equal opportunities monitoring in recruitment and in line with our data protection policy. Personal information that Marsh Design Limited use for these purposes is either anonymised or is collected with your explicit written consent, which can be withdrawn at any time. It is entirely your choice whether to provide such personal information.

We may also occasionally use your special categories of personal information, and information about any criminal convictions and offences, where it is needed for the establishment, exercise or defence of legal claims.

Change of purpose

We will only use your personal information for the purposes for which we collected it i.e. for the recruitment exercise for which you have applied.

However, if your job application is unsuccessful, the Companies may wish to keep your personal information on file for in case there are future suitable employment opportunities with us. We will ask for your consent before we keep your personal information on file for this purpose. Your consent can be withdrawn at any time.

Who has access to your personal information?

Your personal information may be shared internally within the company for the purposes of the recruitment exercise.

The company will not share your personal information with third parties during the recruitment process.

How does the company protect your personal information?

The company have put in place measures to protect the security of your personal information. It has internal policies, procedures and controls in place to try and prevent your personal information from being accidentally lost or destroyed, altered, disclosed or used or accessed in an unauthorised way. In addition, we limit access to your personal information to those employees, workers, agents, contractors and other third parties who have a business need to know in order to perform their job duties and responsibilities.

The company also have in place procedures to deal with a suspected data security breach and we will notify the Information Commissioner’s Office (or any other applicable supervisory authority or regulator) and you of a suspected breach where we are legally required to do so.

For how long doe the company keep your personal information?

The company will only retain your personal information for as long as is necessary to fulfil the purposes for which it was collected and processed.

If your application for employment or engagement is unsuccessful, the company will generally hold your personal information for twelve months after the end of the relevant recruitment exercise, but this is subject to: (a) any minimum statutory or other legal, tax, health and safety, reporting or accounting requirements for particular data or records, and (b) the retention of some types of personal information for up to seven years to protect against legal risk e.g. if they could be relevant to a possible legal claim in a tribunal, County Court or High Court. If you have consented to the company keeping your personal information on file in case there are future suitable employment opportunities, the company will hold your personal information for a further twelve months after the end of the relevant recruitment exercise, or until you withdraw your consent if earlier.

Personal information which is no longer to be retained will be securely and effectively destroyed or permanently erased from our systems.

In some circumstances we may anonymise your personal information so that it no longer permits your identification. In this case, we may retain such information for a longer period.

Your rights in connection with your personal information

As a data subject, you have a number of statutory rights. Subject to certain conditions, and in certain circumstances, you have the right to:

request access to your personal information – this is usually known as making a data subject access request and it enables you to receive a copy of the personal information, we hold about you and to check that we are lawfully processing it.
request rectification of your personal information – this enables you to have any inaccurate or incomplete personal information we hold about you corrected.
request the erasure of your personal information – this enables you to ask us to delete or remove your personal information where there’s no compelling reason for its continued processing e.g. it’s no longer necessary in relation to the purpose for which it was originally collected.
restrict the processing of your personal information – this enables you to ask us to suspend the processing of your personal information e.g. if you contest its accuracy and so want us to verify its accuracy.
object to the processing of your personal information – this enables you to ask us to stop processing your personal information where we are relying on the legitimate interests of the business as our legal basis for processing and there is something relating to your particular situation which makes you decide to object to processing on this ground.
data portability – this gives you the right to request the transfer of your personal information to another party so that you can reuse it across different services for your own purposes.
If you wish to exercise any of these rights, please contact Marsh Design Limited at info@marshdesign.co.uk. We may need to request specific information from you in order to verify your identity and check your right to access the personal information or to exercise any of your other rights. This is a security measure to ensure that your personal information is not disclosed to any person who has no right to receive it.

In the limited circumstances where you have provided your consent to the processing of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. This will not, however, affect the lawfulness of processing based on your consent before its withdrawal. If you wish to withdraw your consent, please contact Marsh Design Limited at info@marshdesign.co.uk . Once we have received notification that you have withdrawn your consent, we will no longer process your personal information for the purpose you originally agreed to, unless we have another legal basis for processing.

If you believe that the company have not complied with your data protection rights, you have the right to make a complaint to the Information Commissioner’s Office (ICO) at any time. The ICO is the UK supervisory authority for data protection issues.

Transferring personal information outside the European Economic Area

The company will not transfer your personal information to countries outside the European Economic Area.

Automated decision making – Automated decision making occurs when an electronic system uses your personal information to make a decision without human intervention.

We do not envisage that any recruitment decisions will be taken about you based solely on automated decision-making, including profiling.

Changes to this privacy notice

The company reserves the right to update or amend this privacy policy at any time. We will issue you with a new privacy policy when we make significant updates or amendments. We may also notify you about the processing of your personal information in other ways.

Contact – If you have any questions about this privacy policy or how we handle your personal information, please contact Marsh Design Limited at info@marshdesign.co.uk.