Fergal O'Brien Privacy Notice
This Privacy Notice explains the types of personal data we may collect about you when you interact with us. It also explains how we store and handle that data and keep it safe.
Who we are and what we do
Fergal O’Brien Racing is a Grade 1 winning National Hunt trainer based in the heart of the Cotswolds.
The first point of contact for data protection
If you have any concerns or queries about our data protection procedures, please contact firstname.lastname@example.org
Why we process data
As a company we process customers data including names, addresses and access details such as social media and website log ins in order to be able to provide the necessary service to our clients and for purposes of sending newsletters, and other relevant information. As well as customers data we also hold information on our suppliers in order to be able to maintain an effective working relationship.
Legal bases for processing your data including any explanation of legitimate interests
The law on data protection sets out a number of different reasons for which a company may collect and process your personal data. Some of these reasons, set out below, are the bases we have for processing your personal data:
In certain circumstances, we need your personal data to comply with our contractual obligations.
We need to collect and retain your contact details, so we can for example:
deliver our service, or
to enter into contract with you to supply us with services
when we arrange a consultation to discuss possible services
If the law requires us to, we may need to collect and process your data.
For example, we are obliged to retain certain information for HMRC reporting purposes or to comply with other legislative provisions including educational requirements.
In particular circumstances, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests.
For example, we retain customer, client and supplier information for 10 years in order maintain a good working relationship with these individuals unless we have a data processing agreement in place with companies in which case the terms of those take precedence.
When we collect data
Our website collects information to enable us to report on analytics via Google analytics.
When we enter into a contract with suppliers we will collect data to ensure that we can fulfil the requirements of the contract.
We collect information from customers at signature of contracts to enable us to provide the necessary service.
When making an email enquiry we will collect the same data from customers as when contacting via other methods.
What data we collect
Contact information including: name, address, phone number, email address,
Access details including social media log in; website log in and others as required.
Images of products and individuals as required for contract reasons.
Bank details – such as account name, number and sort code to be able to process payments or invoices.
How we use your personal data
We process data for a variety of reasons. Each of these relate to the running of the business and giving our customers or clients the best experience possible.
To process services
To reply to any queries or questions you may have
To book meetings
To communicate with you where necessary and to send newsletters to customers
To comply with legal requirements such as HMRC reporting
To maintain good ongoing customer/client and business relationships
How long we keep your personal data
Whenever we collect or process your personal data, we only keep it for as long as is necessary for the purpose for which it was collected.
At the end of that retention period, your data will either be deleted completely.
Some examples of our data retention periods:
Purchases and Services
When you buy one of our services, we keep the personal data you give us for 10 years so we can comply with our legal, contractual obligations and retain a good relationship with you should you need any further services have any future queries.
We are also obliged to retain certain transactional information for 7 years to satisfy accounting rules
For individuals who are supplying us with services we retain your personal information for a period of 10 years so that we can, if necessary, contact you again and continue our business relationship with you.
How we keep your data safe
We are aware of the need to maintain the correct and highest-level security when processing your personal information.
We take the following steps to maintain the security of your personal information:
We keep all of your information in systems that are password protected.
We limit access to your personal information to those who have a genuine business need to know it.
We have password protected systems
We maintain firewalls and anti-virus software
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Who we share your data with
We sometimes share your personal data with trusted third parties which act only on our instruction (known as “data processors”).
Data processors might be, for example, our 3rd party accounting apps or subcontractors or those companies who store data for us:
Where we share information with these companies or individuals, we make sure that they also keep your data secure and that they also protect your rights. To this end we make sure that:
We provide only the information they need to perform their specific services.
They may only use your data for the exact purposes we specify in our contract with them or where their terms and conditions of processing contain the correct data processor clauses under GDPR.
If we stop using their services, any of your data held by them will either be deleted or rendered anonymous.
Sharing your data with third parties for their own purposes (“joint controllers”) eg HMRC, accountants, legal advisors:
We will only do this in very specific circumstances, for example:
With your consent
Where we have a contract in place with the other party
Where we are obliged to share the information for legal reasons
Where your data is processed
We do not transfer data outside of the EEA. Our servers are located in the UK
However, your personal data will remain in the EU or countries considered by the EU to have equivalent policies such as Jersey, Guernsey, Switzerland, New Zealand and Canada. Companies based in the USA that have certified with the EU-US Privacy Shield programme are also considered to be permitted destinations by the EU (this includes popular US products like Google, Mailchimp, Dropbox, Microsoft)
Your rights and who to contact
You have the following rights, which you can exercise free of charge:
The right to be provided with a copy of your personal data
The right to require us to correct any mistakes in your personal data
To be forgotten
The right to require us to delete your personal data—in certain situations
Restriction of processing
The right to require us to restrict processing of your personal data—in certain circumstances, e.g. if you contest the accuracy of the data
The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
The right to object:
at any time to your personal data being processed for direct marketing (including profiling);
in certain other situations to our continued processing of your personal data, eg processing carried out for the purpose of our legitimate interests.
Not to be subject to automated individual decision-making
The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you
If you would like to exercise any of those rights, please contact us by emailing email@example.com
Where we rely on our legitimate interest
In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation.
We will then stop processing your information unless we believe we have a legitimate overriding reason to continue processing.
Checking your identity
To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice.
For us to check your identity please:
let us have enough information to identify you (e.g. your full name, address and client or matter reference number);
let us have proof of your identity and address (a copy of your driving license or passport and a recent utility or credit card bill); and
let us know what right you want to exercise and the information to which your request relates.
If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.
If we choose not to action your request, we will explain to you the reasons for our refusal.
Your right to contact the ICO
If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
You can contact them by calling 0303 123 1113.
Or go online to www.ico.org.uk/concerns (opens in a new window; please note we can't be responsible for the content of external websites)
If you are based outside the UK, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence
You also have the right to take to seek a judicial remedy
The policy was last modified on 20th March 2021.