FAIR PROCESSING NOTICE FOR REPRESENTATIVES OF CLIENTS AND PROSPECTIVE CLIENTS OF CLOVER HR
Purpose and application of this notice
Clover HR Ltd routinely collects and uses information relating to identifiable individuals including those employed by or associated with our clients. This information is referred to as “personal data” in this notice. It includes data relating to the employees, owners, advisors, intermediaries and other representatives of our clients and prospective clients. These persons are referred to as “representatives” in this notice.
This fair processing notice (“notice”) applies to and forms part of the Contract for Services (“Principal Agreement”) between the representatives and Clover HR ltd.
The representatives act as the “Data Controller”; Clover HR Ltd acts as the Data Processor.
We provide this notice in accordance with our obligations under the European Union’s General Data Protection Regulation (EU) 2016/679 or any applicable data protection laws, and as part of our commitment to processing personal data transparently.
This notice provides information on:
- who is responsible for processing your personal data;
- the personal data we collect from you and from third parties about you;
- the purposes for which personal data is processed and our reasons for doing so (also referred to as our “legal basis”);
- how your personal data may be shared by us;
- your rights in relation to our processing of your personal data, and how you can exercise these rights.
If you would like to contact us regarding the processing of your personal data, please contact our privacy manager at firstname.lastname@example.org or at the following address; 40 Cambridge Drive, London, SE12 8AJ.
Who is responsible for your personal data?
Clover HR Ltd which contracts, or seeks to contract, with the representative will be a data controller of your personal data.
What personal data do we process?
Your personal data.
Clover HR will, depending on the relationship we have with you and the products and services we provide (or seek to provide), process certain personal data relating to you and people connected to you. This includes the data listed below.
Professional and personal details. Primarily we process:
- your name;
- details of the client you represent, own or are otherwise associated with;
- your professional contact details.
We may also process additional information in order to be able to liaise with you in connection with this role, such as information to identify you and evidence your authority to represent you as the client.
- Information used for background checks, monitoring and complying with laws and regulations. Also identifying any conflicts of interest.
- Records and providing products and services to our clients and prospective clients. This includes notes from interactions, meetings and conversations that you have with us or and records of correspondence.
- Data relating to third parties. In addition to processing data on our representatives, we may process personal data of persons connected to you but with whom Clover HR does not directly communicate, such as dependants and family members.
Purposes and reasons for processing your personal data
Clover HR Ltd process your personal data for specific purposes and processes only the personal data relevant for achieving that purpose. Depending on our relationship with you and the products and services that we are providing, we may process your personal data for the following purposes and for compatible purposes:
- Account opening. This is processing data about you that we require in connection with opening our client’s account, such as identify verification information. This may include reviewing and processing application and account opening documents and regulatory compliance checks.
- Offering and providing products and services to our clients and prospective clients. This is processing personal data to ensure the proper provision of our products and services. It includes identity verification, transaction processing and keeping appropriate records and registers (such as documenting agreements and recording instructions).
- Managing our relationship with our clients and connected parties – this includes:
- compiling and utilising internal reports and notes;
- managing the client file;
- conducting risk reviews;
- allowing you to access our websites and secure online platforms and other technological services;
- where applicable, managing any agreement or arrangement between us.
- Communicating with you. This is processing data required to communicate with you:
- in person;
- by telephone;
- email (including issuing statements and reports), keeping records of our communications with you, and managing any complaints.
- Carrying out operational and administrative functions. This includes:
- carrying out billing-related and payment administration;
- staff and access management;
- preparing business reports and accounts;
- operating information technology systems;
- archiving and backing up data, and transferring personal data.
- Helping us to improve our products, services and operations. This includes:
- conducting market research;
- analysis of client and prospective client preferences;
- transactions and market trends;
- evaluating potential new products and services;
- evaluating the effectiveness of our marketing.
This includes testing new systems and upgrading existing systems; to the extent permitted by law. It may include monitoring emails in order to assess, maintain and improve the quality of our services.
- Prudently managing our business and protecting and enforcing our rights. This includes:
- assessing, monitoring and managing financial, reputational and other risk;
- conducting audits of our business;
- liaising with our regulator;
- protecting data used by our business;
- establishing and enforcing our legal rights;
- defending against legal claims.
- This might include direct marketing of products and services that we think may be of interest to our clients or prospective clients.
- Meeting our legal, regulatory and compliance obligations. This includes:
- performing prudential and regulatory compliance checks on an ongoing basis;
- account and transaction monitoring;
- transaction reporting;
- tax reporting;
- monitoring our management of client accounts and client interactions;
- meeting our regulatory record keeping obligations;
- making disclosures to, and complying with requests from public authorities, regulators, tax authorities, governmental bodies or law enforcement agencies,
- investigating and preventing fraud and other crime.
We may also process data for other purposes, which we will notify to you from time to time.
Our reasons (legal basis) for processing
The personal data processing described in this notice may be:
- necessary in order to comply with our legal obligations under certain laws;
- necessary for entry into, or performance of, a contract with you;
- necessary for the legitimate interest of Clover HR Ltd or others.
Sharing personal data
The data processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any who may have access to the representative’s Personal Data. We will ensure in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data:
- as strictly necessary for the purposes of the Principal Agreement;
- to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
The data processor ensures that appropriate safeguards are in place to protect your personal data and that transfer of your personal data is compliant with applicable data protection laws.
You are entitled to object to use of your personal data for direct marketing purposes, including profiling to the extent that it is related to such direct marketing. You can opt-out of receiving further any marketing emails by clicking the “unsubscribe” link in any such emails, by emailing us at email@example.com.
Taking into account current technology, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Processor shall in relation to the representative’s Personal Data implement appropriate technical and organisational measures to ensure a level of security appropriate to that risk. This includes as appropriate, assessing the appropriate level of security. The processor shall take account of the risks that are presented by processing, in particular from a Personal Data Breach.
Personal Data Breach
The processor shall notify the representatives without undue delay upon Processor becoming aware of a Personal Data Breach affecting representatives Personal Data, providing representatives with sufficient information to allow them to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws. The Processor shall co-operate with the representative and take reasonable commercial steps as are directed by representative to assist in the investigation, mitigation and remediation of each such Personal Data breach/
Data subject rights
You may be entitled under the applicable data protection laws to the following rights in respect of your personal data:
- Right to object to certain data processing. To the extent that Clover HR Ltd is relying upon the legal basis of legitimate interest to process your personal data, then you have the right to object to such processing. In such cases Clover HR Ltd must stop such processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or where Clover HR Ltd needs to process the data for the establishment, exercise or defence of legal rights and claims. Where Clover HR Ltd relies upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds but we will consider each case on an individual basis.
- Information and access. You have the right to be provided with certain information about Clover HR Ltd processing of your personal data and access to that data (subject to exceptions)- this notice.
- If your personal data changes, we encourage you to inform us of the change. You have the right to require inaccurate or incomplete personal data to be updated or corrected.
- You have the right to require that your data be erased in certain circumstances. This includes:
- where it is no longer necessary for us to process the data in relation to the purposes for which we collected or processed the data;
- if we processed this data on the basis of your consent and you have since withdrawn this consent.
- Data portability. Where we process your personal data on the basis of your consent, or where such processing is necessary for entering into or performing our obligations under a contract with you, you may have the right to have the data transferred to you or another controller in a structured, commonly used and machine readable format, where this is technically feasible.
- Right to restriction of processing. You have the right to restrict Clover HR Ltd.’s processing of your personal data while your request for data rectification or objection to personal data processing is being considered. If we no longer need to process your data but you need that data in connection with a legal claim, or if our processing is unlawful but you do not want us to erase the data. If this right applies, we will continue to store your data but will only further process it with your consent:
- for the establishment and exercise of legal rights;
- for defence of legal claims;
- to protect the rights of another person;
- for reasons of important public interest.
- Right to withdraw consent. If we require your consent to process any of your personal data, we will request this consent separately. To the extent Clover HR Ltd relies on your consent to process any of your personal data. You have the right to withdraw your consent to such processing at any time.
- You have the right to lodge a complaint with a supervisory authority. If you wish to exercise your rights you may do so by sending an email to firstname.lastname@example.org.
Retention of personal data
Clover HR Ltd retains personal data for varying time periods in order to assist us in complying with legal and regulatory obligations, to enable compliance with any requests made by regulators or other relevant authorities and agencies, to enable us to establish, exercise and defend legal rights and claims, and for other legitimate business reasons.
Updates to this notice
The information in this notice may change from time to time – for example, the categories of personal data that Clover HR Ltd collects, the purposes for which it is used and the ways in which it is shared may change. This notice may be updated from time to time.