2.  Website Privacy Notice

This is the privacy notice of Emerald Square Residents Management Company “ESRM”) Limited. In this document, "we", "our", or "us" refer to ESRM.  We are company number 07530080 registered in England.  Our registered office is at Mainstay Residential Limited, Whittington Hall, Whittington Road, Worcester, Worcestershire, WR5 2ZX.

 

Introduction

 

This privacy notice aims to inform you about how we collect and process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information. It tells you about your privacy rights and how the law protects you.

We are committed to protecting your privacy and the confidentiality of your personal information. Our policy is not just an exercise in complying with the law, but a continuation of our respect for you and your personal information.
We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
Our policy complies with the Data Protection Act 2018 (Act) accordingly incorporating the EU General Data Protection Regulation (GDPR).

The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data. We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org

Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

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1.    Data Protection Officer

We have appointed a data protection officer (DPO) who is responsible for ensuring that our policy is followed.  If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our DPO, Nigel Smith at pnigelsmith@gmail.com.

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2.    Data we process

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We may collect, use, store and transfer different kinds of personal data about you. We have collated these into groups as follows:

 

• Your identity includes information such as first name, last name, title, date of birth, and other identifiers that you may have provided at some time.

 

• Your contact information includes information such as address, email address, telephone numbers and any other information you have given to us for the purpose of communication or meeting.

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• Technical data includes your internet protocol (IP) address, 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 this website.

 

• Your profile includes information such as your username and password, your feedback and survey responses.

 

• Communication data includes your communication preferences; responses and actions in relation to your use of the website.

We may aggregate anonymous data such as statistical or demographic data for any purpose. Anonymous data is data that does not identify you as an individual. Aggregated data may be derived from your personal data but is not considered personal information in law because it does not reveal your identity.  For example, we may aggregate profile data to assess interest in a product or service.    However, if we combine or connect aggregated data with your personal information so that it can identify you in any way, we treat the combined data as personal information and it will be used in accordance with this privacy notice.

3.    Special personal information

Special personal information is data 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.
The bases on which we process information about you
The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.  If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.  If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

4.    Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information you provide your consent to us to process information that may be personal information.  Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.
If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.  We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us pnigesmith@gmail.com. However, if you do so, you may not be able to use our website or our services further.

5.    Information we process for the purposes of legitimate interests

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.  Where we process your information on this basis, we do after having given careful consideration to:
•    whether the same objective could be achieved through other means
•    whether processing (or not processing) might cause you harm
•    whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
For example

, we may process your data on this basis for the purposes of:
•    record-keeping for the proper and necessary administration of our business
•    responding to unsolicited communication from you to which we believe you would expect a response
•    protecting and asserting the legal rights of any party
•    protecting your interests where we believe we have a duty to do so

6.    Information we process because we have a legal obligation

Sometimes, we must process your information in order to comply with a statutory obligation.  For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.  This may include your personal information.

7.    Information provided on the understanding that it will be shared with a third party

Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.  Examples include:
•    posting a message our forum
•    tagging an image
•    clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks.  In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.  We do not specifically use this information except to allow it to be displayed or shared.
We do store it, and we reserve a right to use it in the future in any way we decide.  Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.  Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at pnigelsmith@gmail.com. 

8.    Complaints regarding content on our website

Our website is a publishing medium for the residents of Emerald Square. Anyone may register and then publish information about himself, herself or some other person.  We attempt to moderate user generated content, but we are not always able to do so as soon as that content is published.

If you complain about any of the content on our website, we shall investigate your complaint.  If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.  Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.  If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

9.    Communicating with us

When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.  We record your request and our reply in order to increase the efficiency of our company.  We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.

 

10.    Complaining

When we receive a complaint, we record all the information you have given to us.  We use that information to resolve your complaint.  If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

 

11.    Cookies

Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.

 

Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.  Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.  Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.

If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our website.  We use cookies in the following ways:

•    to track how you use our website
•    to record whether you have seen specific messages we display on our website
•    to keep you signed in to our website
•    to record your answers to surveys and questionnaires on our site while you complete them
•    to record the conversation thread during a live chat with our support team

12.    Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website are recorded.  We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.

We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.  If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.  

     
13.    Information we obtain from third parties

Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use.  No such information is personally identifiable to you.

14.    Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes.

15.    Access to your personal information

At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our website. To obtain a copy of any information that is not provided on our website you should contact us to make that request. After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

16.    Removal of your information

If you wish us to remove personally identifiable information from our website, you should contact us to make your request.  This may limit the service we can provide to you.

17.    Verification of your information

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

18.    Use of site by children

If you are under 18, you may use our website only with consent from a parent or guardian

19.    Encryption of data sent between us

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.  Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.

20.    How you can complain

If you are not happy with our privacy policy or if you have any complaint then you should tell us. If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration. 

If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner's Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/. We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.

21.    Retention period for personal data

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
•    to provide you with the services you have requested;
•    to comply with other law, including for the period demanded by our tax authorities;
•    to support a claim or defence in court. 

   
22.    Compliance with the law

Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.However, ultimately it is your choice as to whether you wish to use our website.

23.    Review of this privacy policy

We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.  If you have any question regarding our privacy policy, please contact us. 
 

3.  CCTV Policy

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This policy sets out:

 

• where we use CCTV;

• our responsibilities;

• location of equipment;

• what we expect from the CCTV images;

• how we must store CCTV images and how long we can store them for;

• who may view CCTV images;

• when we can disclose CCTV images to a third party.

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Who must comply with this policy?

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This policy applies to everyone who is a director of or works for ESRMC, including contractors and temporary staff, who have access to or are responsible for any CCTV schemes and forms part of the terms of your employment.  It informs residents of our CCTV policies.

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What does it cover?

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This policy covers how we may use CCTV, the law, how we process the images and their disclosure to third parties.

 

Policy Statement

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The security of our residents and visitors is paramount and we use closed circuit television (CCTV) on our premises to help us deter, detect and report crimes, to identify offenders and to maintain a safe environment.  We may also use CCTV to prevent or report anti social behaviour or other behaviour in contravention of the relevant regulations and property covenants.

 

We are legally responsible for the CCTV on our premises under the Data Protection Legislation and will always be mindful of our responsibilities when we record or view anything that could identify someone, as such images are personal data.

 

Our Responsibilities

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• a Privacy Impact Assessment  of our CTV has been undertaken.

• We will only use CCTV as authorised and in line with this policy;

• We will treat everyone monitored with respect;

• We will only use CCTV to maintain a safe environment and for the purposes stated above.

 

Failure to comply will lead to disciplinary action and, potentially, criminal proceedings.

 

The Position of Cameras

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We must always comply with the Data Protection Legislation when we place cameras. To ensure we act in line with this we will:

• always position the camera so that it only monitors the areas intended

• never position a camera so that it can monitor private dwellings, changing rooms or toilets or areas where privacy is expected

• restrict adjustable cameras so that they cannot be moved to view areas beyond the intended site.

 

CCTV cameras will be be placed securely and protected from vandalism or other potential damage.

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Warnings

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We will place prominent signs at the start of the CCTV area, as well as smaller reminder notices at various points within it, warning people that they are being monitored. These signs will be legible and visible and make it clear that CCTV is monitoring that area. The signs will include the name of who is responsible for the scheme, why there are cameras and contact details should anyone want to discuss the scheme.

 

Residents will be informed if they are being monitored by CCTV. This warning is included in our residents’ web site (www.emeraldsquare.co.uk).

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Storing Images

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It is important to maintain the integrity of all the images and prevent unauthorised access. This means they must always be stored in a secure place with controlled access.

 

Access is only by authorised staff and disclosure is only ever made by secure transmission or delivery to minimise the risk of the images being lost or intercepted.  Control rooms must be secured and locked when unoccupied.

 

Viewing Images

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Only authorised people can view CCTV images, unless it is in connection with an investigation.

 

If there is a need to see CCTV images, approval must be obtained from the Data Protection Officer.  Only the CCTV operator can view live images on monitors. Recorded images must be viewed in a restricted area where access is controlled during the viewing.

 

We will keep a log of any unauthorised person or third party who views the images. This must include the date and time, their name and who they represent, the reason, why the viewing was allowed and the outcome, if any.

 

Disclosure

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Any disclosure to a third party must be approved by the ESRMC Board. Images can only be disclosed in the following circumstances:

• criminal investigation – investigating crime and apprehending or prosecuting offenders. The third party must make a written request signed by a senior police officer (inspector or above);

• statutory or other legal obligation – when we are legally compelled to disclose the images by a court order or have a mandatory duty of disclosure.

 

We must keep a record of all requests for disclosure and include the reason for the request. If the request involves a third party, we must also record:

 

• the date and time of the disclosure;

• the name of the person seeing the images and the organisation they represent;

• the reason for the disclosure and the images disclosed;

• the basis on with the disclosure was made;

• where the images are to be kept;

• the outcome, if any;

• the date and time the images were returned;

• the crime incident number if applicable.

 

If a police officer collects the images, they must sign for them.  We must ensure that any disclosure is made securely. If they are being sent by digital means, e-mail for example, we must make sure that encryption is used. 

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Subject Access Requests

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Everyone has a right to access the personal data that we hold about them. This includes CCTV images of them. If we receive a request from someone to view CCTV images of them the request must be directed to the Data Protection Officer.

 

We may need to obscure images of other people when disclosing CCTV to the data subject if the disclosure affects their privacy or might harm or distress them.

 

If we cannot obscure images using our own equipment then guidance must be sought for obtaining this service from an approved third party.

 

If an access request is denied we must log:

 

• the reason;

• the details of the request including the date it was made;

• the name of the person who made the decision.

 

Retention of Images

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Recorded data will not be retained for longer than is necessary for the purpose (the retention period must be recorded and made available when requested). While retained, the integrity of the recordings will be maintained to ensure their evidential value and to protect the rights of the people whose images have been recorded.

All retained data will be stored securely and destroyed securely destroy or erased when no longer needed.

Notification

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When we use CCTV cameras, we must include the reason for their use along with a list of disclosures when we notify the Information Commissioner. The Data Protection Officer is responsible for this.

 

Periodic Review

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The Board must periodically review the CCTV scheme in terms of efficacy and compliance.

 

Complaints

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If you have or receive any complaints about a CCTV scheme, you should refer the complaint to the Board.

 

Policy Review

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We will review this policy every two years and reserve the right to amend it to consider any relevant changes in law, or guidance from the Information Commissioner. Changes will be noted on the Emerald Square website.

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