MindSpace Stamford is committed to protecting the privacy and security of your personal information. Our privacy policy describes how we collect and use personal information about you during and after your relationship with us, in accordance with General Data Protection Regulations (GDPR). It applies to all members, volunteers, supporters, contractors and trustees as well as to anybody who makes a donation to MindSpace Stamford or campaigns with us.

Who we are

MindSpace Stamford is a registered charity in England and Wales (charity number 1181637). We are also a registered company (company number 1189840).

MindSpace Stamford’s registered address is 39 Broad Street, Stamford PE9 1PX.

If you have any questions about this privacy policy please contact our data privacy manager by email: info@mindpsacestamford.com, (preferably stating the subject line as “FAO Data Privacy Manager”).

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues ( www.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.

What is the purpose of this document?

MindSpace Stamford is committed to protecting the privacy and security of your personal information. This privacy 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). It applies to all trustees, contractors, members, volunteers, supporters, and anybody who makes a donation to MindSpace Stamford or campaigns with us.

MindSpace Stamford is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical by notifying you or making it available on our website.

It is important that you read and retain 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 and what your rights are under the data protection legislation.

Data protection principles

We will comply with data protection law. This says that the personal information we hold about you must be:

1. used lawfully, fairly and in a transparent way
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. relevant to the purposes we have told you about and limited only to those purposes
4. accurate and kept up to date
5. kept only as long as necessary for the purposes we have told you about
6. kept securely.

The kind of information we hold about you

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 certain types of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation. Information about criminal convictions also warrants this higher level of protection.

We may collect, store, and use the following categories of personal information about you:

• personal contact details such as name, title, addresses, telephone numbers, and personal email addresses
• date of birth
• gender
• next of kin and emergency contact information
• marital status and dependants
• National Insurance number
• Bank account details, payroll records and tax status information
• copy of driving licence
• recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process)
• employment records (including job titles, work history, working hours, holidays, training records and professional memberships)
• CCTV footage and other information obtained through electronic means such as swipe card records
• information about your use of our information and communications systems
• photographs
• results of HMRC employment status check, details of your interest in and connection with the intermediary through which your services are supplied

We may also collect, store and use the following more sensitive types of personal information about:

• your race or ethnicity, religious beliefs, sexual orientation and political opinions
• your health, including any medical condition, health and sickness records, including:
• criminal convictions and offences.

How is your personal information collected?

We collect personal information in the following ways:

• through information that you provide to us by contacting us by post or email, or by signing up to keep informed via our website
• through information provided to us by members as part of our feedback process
• as part of the application and recruitment process, either directly from individuals or sometimes from an employment agency or background check provider
• through information provided by social media interactions, including Facebook information
• we may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.

We will collect additional personal information throughout the period of our relationship.

How we will use information about you

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:

• where we need to perform the contract we have entered into with you
• where we need to comply with a legal obligation
• where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.

We may also use your personal information in the following situations, which are likely to be rare:

• where we need to protect your interests (or someone else’s interests)
• where it is needed in the public interest.

Situations in which we will use your personal information

We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases, we may use your personal information to pursue legitimate interests, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.

• To process your donations or other payments, to claim Gift Aid on your donations and verify any financial transactions.
• To keep a record of donations made and actions taken by our supporters and volunteers and our communications with them, including any campaigning actions.
• Administering the contract we have entered into with you.
• To provide you with services or information which you request.
• To keep a record of your relationship with us.
• To send our supporters marketing information about our projects, fundraising activities and appeals where we have their consent or are otherwise allowed to.
• Business management and planning, including accounting and auditing.
• To administer our websites and for internal operations, such as trouble shooting, data analysis, testing, research, statistical and survey purposes.
• To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
• To conduct data analytics studies to review and better understand retention and attrition rates.
• Assessing skills for a particular volunteering job or task and undertaking due diligence.
• To support volunteers in their activities and to administer the volunteering arrangement.
• To comply with legal obligations, including to prevent fraud.
• Complying with health and safety obligations.
• Equal opportunities monitoring.
• Making a decision about your appointment if you work for us, including managing performance and determining performance requirements.

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

Marketing

We will only contact you for marketing purposes where we have your consent, or we are otherwise allowed to do so. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. We will not send you marketing material if you tell us that you do not wish to receive it.

If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our contractors/volunteers/members).

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.

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

How we use particularly sensitive personal information

“Special categories” of particularly sensitive personal information, such as information about your health, racial or ethnic origin, or sexual orientation, require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:

• in limited circumstances, with your explicit written consent
• where we need to carry out our legal obligations or exercise rights in connection with employment
• where it is needed in the public interest, such as for equal opportunities monitoring.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

Situations in which we will use your sensitive personal information

In general, we will not process particularly sensitive personal information about you unless it is necessary to do so. On rare occasions, there may be other reasons for processing, such as it is in the public interest to do so. The situations in which we will process your particularly sensitive personal information are listed below.

• We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and attendance at member spaces, and to deal with your enquiry, training, and quality monitoring or evaluating and performing the services we provide.

• We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.

Do we need your consent?

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, 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 your contract with us that you agree to any request for consent from us.

Information about criminal convictions

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our privacy standard.

We envisage that we will hold information about criminal convictions.

Where appropriate, we will collect information about criminal convictions as part of the recruitment process, including as part of the DBS checks necessary to become a volunteer, or we may be notified of such information directly by you in the course of you working for us. We will use information about criminal convictions and offences to establish your eligibility for certain volunteer roles.

We are allowed to use your personal information in this way to carry out our obligations to ensure your safety, the safety of MindSpace Stamford’s trustees and workers, volunteers and supporters, and the safety of those that MindSpace Stamford work for or to whom we provide services. We have in place an appropriate policy and safeguards which we are required by law to maintain when processing such data.

Data sharing

We may have to share your data with third parties, including third-party service providers and other entities.

We require third parties to respect the security of your data and to treat it in accordance with the law.

We may transfer your personal information outside the EU. If we do, you can expect a similar degree of protection in respect of your personal information.

Why might you share my personal information with third parties?

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

Which third-party service providers process my personal information?

“Third parties” includes service providers (including contractors and designated agents) who provide IT and system administration services, general administration services, and professional advisers including lawyers, bankers, auditors and insurers.

How secure is my information with third-party service providers?

All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. 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.

What about other third parties?

We may share your personal information with other third parties, for example in the context of the restructuring of the charity. In this situation we will, so far as possible, share anonymised data with the other parties before the restructure completes. Once the restructure is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.

We may also need to share your personal information with a regulator or to otherwise comply with the law. This may include making returns to HMRC, disclosures to The Charities Commission and disclosures to trustees.

Transferring information outside the EU

We will only transfer the personal information we collect about you to countries outside the EU where there is an adequacy decision by the European Commission or a safeguard has been put in place.

Data security

We have put in place measures to protect the security of your information. Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those selected volunteers, trustees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have 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.

Data retention

How long will you use my information for?

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. 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.

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

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 working relationship with us.

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

• 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.

• 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.

• 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).

• 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.

• 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.

• Request the transfer of your personal information to another party.

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 us in writing: Data Privacy Manager, MindSpace Stamford, 39 Broad Street, Stamford, PE9 1PX.

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.

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.

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 us. 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.