1. General Principles
1.1 The Safeguarding Company (TSC) will commit sufficient resources and management oversight to ensure full compliance with all relevant legislation, specifically in the case of privacy, the Data Protection Act 1998 and the General Data Protection Regulation.
1.2 Other policies which specifically relate to how TSC manages privacy issues are TSC-SY21 Data Protection Policy, TSC-SY25 Information Classification Policy and TSC-SY26 Data Deletion Policy.
2. Privacy Notice
2.1 The following Privacy Notice will be published on the The Safeguarding Company, Mentor, MyConcern, Confide, Clarity and Sentry web sites and may also be shared with customers, upon request.
The Safeguarding Company Limited – Privacy Policy
About Us and This Policy
This privacy policy (“Policy”) relates to the websites available at www.thesafeguardingcompany.com, https://mentor.thesafeguardingcompany.com, https://myconcern.thesafeguardingcompany.com, https://confide.thesafeguardingcompany.com, https://clarity.thesafeguardingcompany.com, https://sentry.thesafeguardingcompany.com and (“Sites”) and the MyConcern mobile app through which enquiries can made or orders placed for the software products MyConcern, Confide, Clarity and Sentry (“Products”) or for managing safeguarding cases.
The Sites and Products are owned by The Safeguarding Company Limited, a company registered in England and Wales under company number 09075059 and whose registered office is at Unit 2 Talbot Green Business Park, Heol Y Twyn, Talbot Green, Cardiff, CF72 9FG.
Throughout this Policy, references to “TSC”, “us”, “our” or “we” refer to The Safeguarding Company Limited.
References in this Policy to “you” “your” refer to the individual submitting information to the Site or to us in respect of the Sites or Products.
We are committed to safeguarding and preserving the privacy of visitors to our Site. This Policy explains what happens to any personal data provided to us, or collected from you when you visit our Site, submit an enquiry through our Site or otherwise contact us.
If you become a customer of one of our Products then any information that you hold about others and that you upload to our Products will be held in accordance with our Data Sharing and Processing Agreement (available upon request) and will be held in accordance with all Data Protection Laws.
Data Protection
References in this Policy to:
“Data Protection Law” means the as applicable and binding on either you or TSC and/or the provision of the Site and Products:
1. in the United Kingdom:
a. the Data Protection Act 2018 and any laws or regulations implementing Directive 95/46/EC (Data Protection Directive); and/or
b. the GDPR, and/or any corresponding or equivalent national laws or regulations;
2. in member states of the European Union: the Data Protection Directive or the GDPR, once applicable, and all relevant member state laws or regulations giving effect to or corresponding with any of them; and
3. any Applicable Laws replacing, amending, extending, re-enacting or consolidating any of the above Data Protection Laws from time to time;
“Personal Data”, “Data Controller” and “Data Processor” and “processing” shall have the meanings given under applicable Data Protection Law.
For the purposes of the Data Protection Law, TSC is the Data Controller and therefore we are responsible for, and control the processing of your Personal Data in accordance with Data Protection Law. “Personal Data” has a legal definition but, in brief, it refers to information from which a living person can be identified. Such information must be protected in accordance with Data Protection Law.
How we Collect your Personal Data
If you submit an enquiry via this site or proceed to use our service then we will collect certain Personal Data from you. This Personal Data will include the information that you voluntarily supply to us including your name (first name and last name), email address and contact details but may also include further information that you provide to us.
We may monitor your use of the Site through ‘cookies’ and similar tracking technologies. We may also monitor traffic, location and other data and information about users of the Site. Such data and information, to the extent that you are individually identifiable from it, shall constitute Personal Data. However, some of this information will be aggregated or statistical, which means that we will not be able to identify you individually. Please review our Cookie Policy at www.thesafeguardingcompany.com/company/privacy/ for further information.
When you submit an enquiry, we will request your consent to use your personal data for the purposes that we set out in this Policy. We will process your personal data in accordance with this Policy.
How we Use your Personal Data
We will use information we hold about you for the purposes of:
• providing you with details about us and our products;
• putting in place a contract with you for the provision of our Products and fulfilling our obligations to you pursuant to that contract;
• contacting you in accordance with the contract;
• obtaining instructions from you in respect of providing maintenance and support services in respect of our Products;
• to allow you to participate in interactive features of the Site, including inputting information and providing feedback;
• for administration, maintenance and improvements to the Site and/or our services, including our Products;
• to inform you of changes to the Site, Products and our services; and
• to comply with our legal obligations.
Marketing
If you have not purchased services from us and if you have given us prior permission, then we will also use the information we hold about you to contact you for the purposes of letting you know about our products, services and promotions. If you prefer not to receive these communications from us, or if you no longer wish to receive them, then you can opt out at any time.
If you have previously purchased services from us we may provide you with details of similar services, or other services that you may be interested in by sending information to the contact details above. If you prefer not to receive these communications from us, or if you no longer wish to receive them, then you can opt out at any time.
You have the right at any time to ask us, or any third party, to stop processing your information for direct marketing purposes. If you wish to exercise this right, you should contact us by sending an email to [email protected], or contact the relevant third party using their given contact details, giving us or them enough information to identify you and deal with your request. Alternatively, you can follow the unsubscribe instructions in emails you receive from us or them.
Legal Basis for Processing your Information
Under Data Protection Law, we may only process your Information if we have a “legal basis” (i.e. a legally permitted reason) for doing so. We will have a legal basis for processing your Information under this Policy if:
• you have given us your consent to process your Personal Data (see below); or
• processing is necessary for the performance of a contract you have entered into (i.e. we need to process your information in order to provide you with goods, services or media); or
• processing is necessary for taking any preliminary steps that are required before you can enter into such a contract, provided we only do this at your request; or
• processing is necessary to allow us to comply with our legal obligations; or
• processing is necessary in order to protect your vital interests (for example your human rights); or
• processing is necessary for us to perform tasks that are of public interest or in the exercise of official authority (if applicable); or
• processing is necessary for our legitimate interests (e.g. delivery and/or improvement of our services), provided that these legitimate interests are not overridden by your interests (for example your human rights).
Our legal basis for processing your Personal Data is:
• if you purchase MyConcern, that it is necessary for the purposes of carrying out our contract with you;
• to enable us to take the preliminary steps required to allow us to enter into such a contract (where you wish to proceed);
• the legitimate interest of providing services to our clients through our Sites, which requires the processing of your Personal Data to enable us to provide these services to you; and
• your consent (see below).
Consent
You will be required to give consent to the processing of your Personal Data as set out in this Policy. We will seek this consent from you when you first submit Personal Data through our Sites.
If you do not consent to such processing you should not submit any Personal Data through our Sites.
If you have previously given consent you may freely withdraw such consent at any time. You can do this by notifying us in writing (see below).
If you withdraw your consent, and if we do not have another legal basis for processing your information (see Legal Basis for Processing your information above), then we will stop processing your Personal Data. If we do have another legal basis for processing your information, then we may continue to do so subject to your legal rights (for which see Your Rights section below).
Please note that if we need to process your Personal Data in order to operate our Sites and/or provide our services, and you object or do not consent to us processing your Personal Data, our Sites and/or those services may not be available to you.
Data you Hold About Others
Once you have become a customer of one of our Products then all data that you upload to one of our Products will be held and processed in accordance with our Data Sharing and Processing Agreement (copy available on request). TSC will be the Data Processor of such data.
This Privacy Policy does not apply to the data that you upload to one of our Products about others.
Storing Your Personal Data
In operating our web site we will only transfer data that we collect from you to secure data centres in the UK for processing and storing. We will use technical and organisational measures in accordance with good industry practice to safeguard your Personal Data, including the use of data encryption. TSC holds a number of accreditations and certifications relating to Information Security, copies of which will be shared upon request.
We do our utmost to ensure that all reasonable steps are taken to make sure that your Personal Data is treated and stored securely. Unfortunately, the sending of information via the Internet cannot be guaranteed to be totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.
Subject to the below, we will keep your Personal Data only for as long as we need to hold it for the purposes set out in this Policy.
If required, we will be entitled to hold Personal Data for longer periods in order to comply with our legal or regulatory obligations.
Disclosing Your Information
We will not disclose your Personal Data to any other party other than in accordance with this privacy policy and in the circumstances detailed below:
• in the event that we sell any or all of our business to the buyer;
• where we are legally required by law to disclose your personal information;
• to further fraud protection and reduce the risk of fraud.
Your Rights
This section sets out your legal rights in respect of any of your Personal Data that we are holding and/or processing. If you wish to exercise any of your legal rights, you should put your request in writing to us (using our contact details below) giving us enough information to identify you and respond to your request.
You have the right to request information about Personal Data that we may hold and/or process about you, including: whether or not we are holding and/or processing your Personal Data; the extent of the Personal Data we are holding; and the purposes and extent of the processing.
You have the right to have any inaccurate information we hold about you be corrected and/or updated. If any of the Personal Data that you have provided changes, or if you become aware of any inaccuracies in such Personal Data, please let us know in writing giving us enough information deal with the change or correction.
You have the right in certain circumstances to request that we delete all Personal Data we hold about you (the ‘right of erasure’). Please note that this right of erasure is not available in all circumstances, for example where we need to retain the Personal Data for legal compliance purposes. If this is the case, we will let you know.
You have the right in certain circumstances to request that we restrict the processing of your Personal Data, for example where the Personal Data is inaccurate or where you have objected to the processing changes to this Policy.
We keep this Policy under regular review and may change it from time to time. If we change this Policy we will post the changes on this page, and place notices on other pages of our Sites as applicable, so that you may be aware of the Information we collect and how we use it at all times. You are responsible for ensuring that you are aware of the most recent version this Policy as it will apply each time you access the Site.
This Policy was last updated on 06th May 2021.
Queries and Contacting us
Please address any questions, comments and requests regarding our data processing practices to our Data Protection Officer at [email protected].