Privacy Policy
v1_1, last updated 23 August 2022
THIS PRIVACY POLICY APPLIES TO ANY PERSONAL DATA YOU PROVIDE US OR WE COLLECT ABOUT YOU, FOR EXAMPLE IF YOU ACCESS THE WEBSITE AT BAUGHCOMPLIANCE.COM OR ANY OTHER WEBSITE OR ONLINE PRESENCE OWNED, OPERATED OR PROVIDED BY ROBERT BAUGH COMPLIANCE LLP, INCORPORATED IN ENGLAND, # OC442628, REGISTERED OFFICE 120 CHATHAM ROAD, LONDON SW11 6HH (‘WEBSITE’ AND ‘BAUGH COMPLIANCE’, ‘US’, ‘WE’ RESPECTIVELY) OR USE ANY OF OUR PRODUCTS OR SERVICES (‘SERVICES’). WE DO NOT MARKET TO OR ENTER INTO CONTRACTS WITH CHILDREN NOR WE DO COLLECT PERSONAL DATA FROM ANY PERSON UNDER 18 YEARS OF AGE. PLEASE DO NOT ACCESS OR USE THE WEBSITE OR SERVICES IF YOU ARE UNDER 18 YEARS OF AGE.
This Policy
This Policy sets out what personal data we might collect, how we process and protect that data, the lawful grounds for that processing, and your related rights. We always seek to comply with the data protection laws applicable to our processing of personal data. For example, the EU General Data Protection Regulation 2016/679 (‘EU GDPR’) may apply and, as a UK company, the UK Data Protection Act 2018, the UK e-Privacy Regulations (‘PECR’), and the UK-adopted version of the EU GDPR (‘UK GDPR’) apply directly to all our processing.
We use ‘GDPR’ to refer to either the EU or UK version as they’re almost identical. The GDPR is the world-standard for data protection laws, inspiring legal developments around the world.
‘Personal data’ is a defined term in EU and UK law. Essentially ‘personal data’ means any information relating to an identified or identifiable natural person, namely one who can be identified, directly or indirectly from that information alone or in conjunction with other information.
In most cases, the lawful ground (or legal basis) for our processing will be that the processing is necessary: (i) for our legitimate interests in carrying out our business, including to secure, manage, grow and improve our Services, provided those interests are not outweighed by your rights and interests (‘Legitimate Interests’), (ii) to perform a contract with you (‘Contract’), or (iii) to comply with our legal obligations (‘Legal Obligation’). Where processing is based on your consent (‘Consent’), we will identify the processing purposes and provide you with relevant information to make the processing fair and transparent when we ask for your consent.
As data protection law and practice are constantly developing, we’ll need to update this policy from time to time, which we’ll do by posting a new policy on the Website that takes effect from the date stated. It is your responsibility to return to the Website from time to time and check for changes.
How We Obtain Personal Data
We collect or are provided personal data in the normal course of business. For example:
- you may provide us with your details when your organisation becomes our client, such as your name, email and employer (‘Account Data’),
- we may receive personal data from our clients when providing our Services, such as names of team members or personal data of our clients’ employees or customers related to breaches or the exercise of data subject rights (‘Customer Data’),
- you may provide us with your details when you ask about our Services (such as through the Website or by email) and we may otherwise lawfully obtain contact details of potential customers for our Services for our marketing purposes, for example from your business website (‘Marketing Data’),
- when you visit the Website, we may collect information about your visit such as your IP address and the pages you visited (‘Website Data’), and
- you may provide us with your CV and other personal data when you apply for a position at Baugh Compliance (‘Recruitment Data’).
In GDPR’s terms, we are the ‘controller’ of Account, Marketing, Website and Recruitment Data as we determine the purposes (the ‘why’) and the essential means (the ‘how’) of the collection and processing. We are the ‘processor’ of Customer Data as our client remains the ‘controller’ of Customer Data and we only process Customer Data to fulfil our contract with our client and on their instructions.
Your Provision of Personal Data
When you provide us with personal data about yourself or another person, for example a colleague or a contact, you are confirming to us that you either have their consent or are otherwise authorised to provide us with that information and that any personal data you give us is accurate and up-to-date.
Provision of personal data to us is never a requirement, however if you do not provide us with the personal data necessary for us to carry out an action at your request or under a contract with or relating to you, for example to respond to your query or provide Services to you, we may not be able to respond to your query or provide Services to you.
Special Categories & Crime
Given the nature of our business, we do not ask for ‘special categories of personal data’ such as information about your health, political opinions, racial origins or sexual life, or personal data relating to criminal convictions and offences – and we would ask you not to send any to us.
However, if at any time you choose to transmit such personal data over our Website or as part of our provision of the Services for any reason, or you provide us such personal data to us as part of Recruitment Data, you must have full authority to do so and you agree that it will be dealt with according to this Privacy Policy, including possible transfer to our offices or the third parties, inside or outside the UK or EEA, as described in this policy.
How We Use Personal Data
We use personal data in the normal course of our business, including to provide, secure, manage and improve our Services and to meet any binding contractual or legal obligations. This includes:
- to use Marketing Data and Account Data to respond to enquiries, to provide the Website and Services, to provide advice and support, and to invoice accordingly. Lawful basis: Legitimate Interests or Contract.
- to use the Website Data and Service Data to analyse and improve the Website and Services, for example for technical or security purposes and to improve the customer experience. Lawful basis: Legitimate Interests, however where for example applicable law requires your consent to use certain cookies, we will ask for your Consent having provided you with relevant information.
- to use the Marketing Data and Website Data to market and sell our Services, including to communicate with you about same or similar services that we offer – if we do so, we will provide you with an easy and free way to opt-out of receiving such communications in the future. Lawful basis: Legitimate Interests (or Consent as above).
- in certain circumstances, to share it with a limited number of third parties as described in this policy, for example for operational requirements and business continuity purposes. Lawful basis: most processing will be based on Legitimate Interests, some processing is based on Contract and, where necessary (as above) some processing may be based on your prior Consent.
- to use Recruitment Data in our recruitment activities, including that Recruitment Data will only be reviewed by those with a need to know as part of that recruitment, and that it may stored with our cloud storage or cloud HR service providers. Lawful basis: Legitimate Interests for the most part, and if we need to rely on your Consent we will ask you and provide you with the necessary information so your consent is informed.
Where we carry out electronic direct marketing – including phone calls, automated phone calls, emails, SMS and IM – we will comply with the relevant, applicable laws.
Sharing Data & International Transfers
We will not share, sell or rent your personal data to third parties so they can market their services to you. Nor do we accept advertising from third parties on the Website. We may share personal data in the following limited circumstances.
In limited situations, your personal data may be collected by or shared with third parties, who will act as separate or joint controllers, for example if we provide social media links such as buttons to like or share content through social media organisations such as LinkedIn or Twitter, those organisations will be joint controllers with us for the collection of the personal data. We will then be separate controllers for any processing of your personal data after collection. Lawful basis: Legitimate Interests or Contract.
We may be obliged to disclose your personal data to comply with a law, order or request of a court, government authority, other competent legal or regulatory authority or any applicable code of practice or guideline. Lawful basis: Legal Obligation.
If we enter negotiations with a third party for the sale or purchase of all or part of our business, we will only disclose personal data to that third party to the extent it relates to that business and only under conditions of confidentiality requiring the third party to be bound by the privacy policy that applies to that data. Lawful basis: Legitimate Interests.
In each case, we have written contracts in place incorporating relevant wording to safeguard that personal data and comply with applicable laws, and we will only share such data as is necessary for the purpose in question. Our starting position is always to keep personal data within the UK or European Economic Area (‘EEA’) where the UK GDPR or EU GDPR applies respectively. However, in order to carry out the above purposes, we may use third parties and their facilities outside the UK or EEA. In all such cases we will ensure that appropriate security measures are in place to protect your personal data and a valid legal basis for the transfer applies.
Cookies
Our Website does not use cookies or similar technologies. Please review our Cookie Policy which is part of (and incorporated into) this Privacy Policy for more information, including on how to refuse or selectively accept cookies and/or similar technologies.
Retention
As a default position, we will only retain personal data for any statutory retention period, then a reasonable period (if any) necessary for the above purposes. This is subject, for example, to any valid opt-out or withdrawal of consent where processing is based on consent, or other valid exercise of your data subject rights.
Security
We take appropriate technical and organisational measures to protect your personal data and keep those measures under review. However, we can only be responsible for systems that we control.
Anonymised Data
We may create anonymised data from personal data, and any anonymisation would be carried out in accordance with applicable law. Anonymisation may, for example, be achieved by aggregating data to the point that no individual can be identified such as aggregating website use statistics to see which web content is working well and which could be improved. Anonymised data does not allow for the identification of any individual person and, as it is no longer personal data, neither data protection laws nor this Privacy Policy would apply to such data.
Third Party Services
If you access the services of another provider through our websites or services, for example through a link on the Website, your use of those services is entirely at your risk and governed by the terms and privacy policy of that third party provider. If we resell a service delivered or provided by a third party (‘Third Party Service’), including any software that is delivered or owned by a third party (‘Third Party Software’), it is that third party’s separate privacy policy that will apply to your personal data and your use of the Third Party Service and Third Party Software. Your use of a Third Party Service is not covered by this Privacy Policy. Please therefore review the privacy policy for any Third Party Service and Third Party Software before using it.
Your Rights
Under the UK and EU GDPRs, you have the following rights (some of which may be subject to conditions set out in the relevant GDPR):
- to know if we process any personal data about you and, if we do, with certain limitations, to a copy of that personal data,
- to ask us to remove or correct any of that personal data that is inaccurate,
- to object to certain processing,
- to withdraw any consent you may have given us for any processing of your personal data,
- to ask us to restrict processing certain of your personal data,
- to ask us to erase your personal data, and
- to ‘port’ certain of your personal data to you or another provider, provided in each case that we have such data and certain conditions are met.
You have the right, at any time, to object to the processing of your personal data for direct marketing.
‘Do Not Track’
The Website and Services do not use technologies that respond to ‘Do-Not-Track’ signals communicated by your internet browser.
Contact Us
If you’ve any question you can always contact us at the address above or by email to privacy@baughcompliance.com. You have the right, at all times, to notify a complaint to the regulator. Our supervisory authority, or regulator for data protection, is the UK ICO. We always welcome the opportunity to discuss and resolve any complaint with you first.
