Introduction

Cumbria Local Enterprise Partnership (‘CLEP’) works in partnership with the private, public and voluntary and community sectors to deliver growth, productivity and prosperity for its businesses, people and places. Our work with partners and government means that we collect and use information about individuals whom we work or come into contact with.

CLEP strives to meet the highest standards when collecting and using personal information in accordance with data protection law. This privacy notice sets out how we handle your personal data and how we comply with the requirements of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 when we are acting as a controller (see below). It applies to information we collect as a controller in relation to:

  • Users of our website;
  • People who use or request our services;
  • Employees or representatives of organisations who use our services, apply for funding, business support or grants or supply us with goods or services;
  • People who contact us via any medium (e.g. by post, email, telephone or social media);
  • Applicants for employment or positions on the CLEP board.

Important information and who we are

Controller and contact information

CLEP is a controller and is responsible for your personal data where we determine the purposes for which we process personal data and how we process that data.

CLEP is the controller and is responsible for this website.

CLEP’s accountable body is Cumbria County Council (“the Council”), which is also a controller for the purpose of the GDPR and Data Protection Act 2018. CLEP’s relationship with the Council is governed by agreements, details of which can be found in the Central Assurance Framework available at http://www.thecumbrialep.co.uk/wp-content/uploads/2018/02/180215-Revised-CAF.pdf. Where CLEP is providing services on behalf of the Council in accordance with the Central Assurance Framework or otherwise, the Council will be the controller and we will be acting as processor of personal data on its behalf. A copy of the Council’s privacy notice can be viewed at https://www.cumbria.gov.uk/admin/privacy.asp. The Council has a Data Protection Officer (DPO), who can be contacted via [email protected] or in writing at Data Protection Office, Information Governance Team, Cumbria County Council, Cumbria House, 117 Botchergate, Carlisle CA1 1RD.

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact Corinne Watson by emailing [email protected] or by post at Cumbria Local Enterprise Partnership, Redhills, Penrith, Cumbria CA11 0DT.

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 as a controller, so that you are aware of how and why we are using such information. This privacy notice supplements the other notices and is not intended to override them.

Complaints

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.

Changes to the privacy notice and your duty to inform us of changes

We reserve the right to update this privacy notice at any time.

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

Third-party links

This website may include links to third-party websites, plug-ins and applications. 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. When you leave our website, we encourage you to read the privacy notice of every website you visit.


The data we collect 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).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes address, email address and telephone numbers.
  • Financial Data includes bank details.
  • Transaction Data includes details about payments to and from you and other details of products or services we have purchased from you or you have procured form us.
  • Technical Data includes 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.
  • Profile Data includes your interests, social media accounts, preferences, feedback, any survey responses or information that you may input into our website using contact us forms, messageboards or pinboards.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and third parties and your communication preferences.
  • Recruitment Data please see the section on Recruitment (below).

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), save for as set out in the Recruitment section below where relevant. Nor do we collect any information about criminal convictions and offences save for as set out in the Recruitment section below where relevant.

Recruitment

If applying for a job with us (including as a member of the board), we may collect and process the following personal data about you as part of the recruitment process:

  • your name, title, address and contact details, including personal email address and telephone number, date of birth and gender;
  • details of your qualifications, skills, experience and employment history, including start and end dates, with previous employers;
  • recruitment information including any CV, cover letter or other personal data provided to us as part of your application for work;
  • information about your current level of remuneration, including benefit entitlements;
  • whether or not you have a disability for which the company needs to make reasonable adjustments during the recruitment process;
  • information about your entitlement to work in the UK, including copies of any documents evidencing such right; and
  • copy of your diving licence.

We may also collect, store and use the following “special categories” of more sensitive personal information:

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

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide services or employ you). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your personal data by filling in forms or by corresponding with us by post, phone, email, this website or otherwise. This includes personal data you provide when you:
    • negotiate with us for our services or for projects or tenders;
    • request information to be sent to you;
    • interact with us about business activities, including completing surveys or market research conducted by us;
    • attend events or workshops and provide details on registers;
    • post comments on any messageboard or pinboard contained in any part of this website;
    • apply for a job; or
    • provide us with feedback.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookies policy at http://www.thecumbrialep.co.uk/cookie-policy/ for more information.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
    • Technical Data from search engines and analytics providers.
    • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
    • Identity and Contact Data from publicly availably sources, other organistions or government bodies.
    • Information from employers (where we are conducting business with your employer or you are applying for a job with us) and former employers (where you are applying for a job with us).
    • Information from recruitment agencies.
    • Information from the businesses we work with.

How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party), by which we mean in the interest of our CLEP’s business in conducting and managing our business to provide a strategic lead on activities contributing to the county’s economic growth. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
  • Where we need to comply with a legal or regulatory obligation that we are subject to.
    Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us via any of the methods referred to above.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing
To process and deliver our services (a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract
(b) Necessary for our legitimate interests
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) providing you with other relevant information
(c) deliver our objectives and understand your needs
(d) keeping our records up to date
(e) obtain your opinions about the work we undertake
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract
(b) Necessary to comply with legal obligations
(c) Necessary for our legitimate interests
To administer and protect CLEP and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests
(b) Necessary to comply with legal obligations
To use data analytics to improve our website, products/services, marketing, relationships and experiences (a) Technical
(b) Usage
Necessary for our legitimate interests
To make suggestions and recommendations to you about services that may be of interest to you (a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
Necessary for our legitimate interests
To make decisions about recruiting staff and board members, including:
(a) Making a decision about your recruitment or appointment
(b) Determining the terms on which you work for us
(c) Checking you are legally entitled to work for us
(d) Assessing qualifications, skills or suitability for a particular job
(e) Communicating with you about the recruitment process
(f) Dealing with legal disputes involving you
(g) Keeping records relating to our recruitment process
(h) Ascertaining your fitness to work or attend assessments
(i) Equal opportunities monitoring
(a) Recruitment (a) Necessary for our legitimate interests
(b) Performance of a contract with you
(c) Necessary to comply with legal obligations

Marketing

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you as part of our strategic objectives. This is how we decide which services or funding may be relevant for you.

You will receive such marketing communications from us if you have requested information from us or contracted with us for services or funding and, in each case, you have not opted out of receiving such marketing communications.


Opting out

You can ask us to stop sending you any marketing messages (or specific types or messages) by contacting us at any time and asking us to stop.

Change of purpose

We will only use your personal data 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 data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table above.

  • Our employees and board members.
  • Employees of the Council and other public authorities who have a member on our board.
  • Consultants and subcontractors.
  • Professional advisers including lawyers, bankers, auditors and insurers.
  • Suppliers of goods and services to us.
  • Customers.
  • HM Revenue & Customs, regulators and other authorities based in the EU and outside the EU who require reporting of processing activities in certain circumstances.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party processors to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International transfers

We will not share your personal data with any organisations outside the European Economic Area (EEA). If this changes, we will notify you and explain the safeguards which are in place to ensure the security of your personal data.

Data security

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

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, regulatory 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 data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your legal rights

You have the right to:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data 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 data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data 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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these 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 your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated but comply in any event within 3 months of receiving your request (or any further information requested from you).


User-generated content

We may from time to time provide interactive services on our site, including messageboards and pinboards.

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards (see below), whether the service is moderated or not.

When posting anything to our website that will be viewable by other third parties, any posts must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

Any posts must not:

  • Be defamatory.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, gender reassignment, marriage and civil partnership, pregnancy and maternity, religion or belief, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the post represents the views of CLEP, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

If you wish to complain about information and materials uploaded by other users please contact us using the details above.

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out above. You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site.