CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
This version was last updated on 12 November 2019.
We will keep this policy under regular review and may update it periodically. We will update the date above accordingly. On some occasions, we may also actively advise you of specific data handling activities or significant changes to this policy as required by applicable law.
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.
This policy applies to anyone using our website, applications or services. It aims to give you information on how we collect, process and store your personal data, including any data you may provide through your use of our website or purchase of a service provided by GB Railfreight.
We may provide an additional or different privacy statement for specific interactions you have with us when using any of our services. For example, if we enter into a formal services agreement with you, the agreement may contain data protection terms that apply to it.
Please use the Glossary to understand the meaning of some of the terms used in this policy.
Third party links
Our 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.
Our website and services are not intended for children and we do not knowingly collect data relating to children.
Who We Are
GB Railfreight Limited (referred to as “GB Railfreight”, “we”, “us” or “our” in this policy) is a rail freight operator providing rail haulage and associated services.
For some of the services we offer, we decide what to do with your data and are a “data controller” (GB Railfreight is a data controller of the personal data on our website), and for other services we will only use personal data as instructed by our customers (GB Railfreight is a data processor in such a case).
We have appointed a Data Compliance Team who is responsible for overseeing questions in relation to this policy. If you have any questions about this policy, including any requests to exercise your legal rights, please contact the Data Compliance Team using the details set out below.
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).
The type of personal data we collect about you depends on how you interact with us and which services you are purchasing from us. The personal data we collect, use, store and transfer may include the following categories:
• Contact Information includes your first and last name, company or organisation, telephone (including mobile phone number where provided) as well as email and postal address or similar contact data.
• Employment Data includes current employment details, employment history, referee details, notice period, location preference and career aspirations.
• Social Media Data includes Facebook, Google or LinkedIn profile information that you choose to share with us.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, 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 our website.
• Online Data includes information about your visit including URL clickstream to, through and from our website (including date and time), information about your network as such as information about devices, nodes, configurations, connection speeds and network application performance; pages viewed or searched for, page response times, download errors, length of visits and interaction information (such as scrolling, clicks, mouse-overs) and whether you click on particular links or open our emails.
• Communications with us including any information that you choose to provide in communications with us and your contact history.
• Information from Public Sources includes professional networks, directories, analytics providers or internet publications.
• CCTV or pictures, if you attend a GB Railfreight site or event.
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). Nor do we collect any information about criminal convictions and offences.
How Is Your Personal Data Collected
We use different methods to collect data from and about you including:
• Data provided directly by you.
• When you engage with us via social media, over the phone, by email, in person, when requesting services or applying for a position with GB Railfreight or otherwise interact with our website or use our services.
• As you complete an Enquiry Form found on website, the data will not be stored on this website. It will be emailed to the most appropriate individual or department within GB Railfreight. Once our staff have responded to your enquiry, the form submission details may be retained within our email systems for auditing purposes.
• When you forward a job to a friend, an email will be sent to both you and your friend from an @talent.icims.eu domain via mail servers provided by iCIMS. iCIMS aim to make the sending of emails as secure as it can be and we follow all of their best practice recommendations to secure the emails that we send from our website through their systems.
• 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 through Google Analytics. For detailed information on the cookies we use and the purposes we use them for, you may consult our Cookies Policy.
• Third parties or publicly available sources. We may receive personal data about you from various third parties such as Technical Data from analytics providers (e.g. Google) or the person(s) arranging for you to access our services (e.g. your employer) or from government databases. These organisations will only share your personal data when you have given your consent or where the information is made public as a matter of law. You should check their privacy policies when you provide your information to them to understand fully how they will process and safeguard your data.
In many cases, you can choose whether or not to provide us with your personal data, but if you refuse certain permissions, we may not be able to provide you with some of the services that you have asked for.
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:
• Perform a contract. To provide you with rail freight and associated services, as instructed by you, answer your queries and provide you with information or materials you have asked for.
• Comply with our legal or regulatory obligations. For example, we are required to gather and maintain records in compliance with health and safety, financial and tax legislation.
• In our or a third party’s legitimate interest. Details of our legitimate interests are set out below.
• Consent. Generally, we do not rely on consent as a legal basis for processing your personal data. We may rely on consent in relation to sending third party direct marketing communications to you via email or text message or to use your picture in our promotional material. Where we need your consent, we will contact you separately and make it cleat that we are asking for consent.
Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
Note that we may process your personal data on 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.
LEGITIMATE INTERESTS FOR USE
We process your personal data for a number of legitimate interests, including the following:
• Carry out administration. Invoice for services provided to you and maintaining records to develop and maintain our relationship with you or to inform you of cancellations, amendments or provide additional information in relation to a service that we provide to you.
• To assess data about you against vacancies you have applied for or vacancies we think may be suitable for you. To contact you in relation to recruitment and to facilitate recruitment processes.
• Maintain quality standards. This may involve auditing of our internal records.
• Manage claims, complaints or respond to queries. To respond to any queries, feedback or complaints from you or manage any claims.
• Keep people and premises safe. To ensure security and crime prevention, we may have CCTV cameras installed at our premises.
• Monitor website usage to improve our service, provide system maintenance, support, reporting and hosting of data and to determine the number of people using our website and improve functionality.
• To process your data on the basis of our ‘legitimate interests’, we have balanced those against your interests, rights and freedoms. Please contact us for more information on this.
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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you when possible 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.
Sharing your personal data
We may have to share your personal data with third parties in the course of providing our services and operating the business. Our third-party service providers are not permitted to share or use the personal data we make available to them for any purpose other than those we have agreed.
• We may share your personal data with the following categories of recipients:
• External Third Parties in the process of providing our website services, see Glossary for more details.
• Your company or organisation in relation to us providing our services.
• Suppliers who support our business, including the provision of our services and products to you.
• Law enforcement and government bodies and our regulators or other competent authorities in accordance with legal requirements or good practice.
• Analytics service providers to support and display ads on our website, apps and other social media tools.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this policy.
• Insurance brokers and insurance companies wherever required.
• Third parties where reasonably required to protect our rights and systems (e.g. legal counsel and cyber security professionals).
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 service providers 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 and the law.
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, 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.
Your personal data is processed within the European Economic Area (“EEA“). Where information is transferred outside the EEA, data is adequately protected by EU Commission approved standard contractual clauses, an appropriate Privacy Shield certification or a vendor’s Processor Binding Corporate Rules.
If you live outside of the EEA, we will need to transfer your personal data outside of the EEA to respond to any queries that you may have. Where this applies, we will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Notice.
HOW LONG WILL YOU KEEP 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 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 you can ask us to delete your personal data, please contact us if you wish us to delete your data.
Your Legal Rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
• Request access to your personal data – Link
• Request correction of your personal data – Link
• Request erasure of your personal data – Link
• Object to processing of your personal data – Link
• Request restriction to processing of your personal data – Link
• Request transfer of your personal data – Link
• Right to withdraw consent – Link
If you wish to exercise any of the rights set out above, please contact us in writing.
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.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. 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.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
External Third Parties
• Service providers acting as processors based in the United Kingdom who provide IT and system administration services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
• Google LLC, used for website analytics as outlined in section 5 above and acting as processors.
• iCIMS Inc., used to facilitate our recruitment page, acting as processors.
• Force Four Creative Ltd, UK-based communications agency responsible for building and maintaining the GB Railfreight website.
• Krystal Hosting Ltd, UK-based web hosting company used to host the GB Railfreight website.
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.