Reason for processing
LPS processes personal data:
- To enable the business to fulfil its function in our outbound out-bound direct marketing activities.
- For the performance of a contract
Under the GDPR there are six identified reasons for processing. LPS purchases data which falls under the following two categories:
- “Legitimate Interest” – The consumer has either: carried out a positive action to agree to marketing by a specific channel of communication (telephone, email, SMS, postal) and has a sector specific list of whom may carry out further communication with them within the privacy policy/Sectors/Sponsors list (or) The data collector has a legitimate interest in trading their data and confirms this within the privacy policy. Telemarketing as a channel is opt out, therefore we would ensure that the data is TPS checked when processing under legitimate interest.
- “Explicit Consent” – The consumer has opted in to a specific channel of communication (telephone, email, SMS, postal) in a positive manner. At the point of opting in the consumer will have been given the specific company brand who will be calling them. If this is a daily lead Choose Leads will not need to TPS screen the data.
Auditing:
When buying from a source LPS will complete the following:
- Run monthly checks on each source of data:
- The Data Compliance Manager assesses each source of data with LPS in-house auditing system.
- Each month LPS will audit a percentage of the data purchased and the customer journey will be documented.
Trust
About us
LPS ensure that all our suppliers are compliant and respect the GDPR and ICO guidelines when collecting data whether online or through telephone surveys. Checks are carried out monthly to further safeguard the standards are being maintained.
On receiving complaints, we are respectful to the consumer, record their details and assure them that we will trace the supplier of the data and request its removal with immediate effect. We also advise the consumer to go on line to www.tpsonline.org.uk and register their telephone details with the Telephone Preference Service to place a stop to future unwanted marketing calls.
Please note that while we will always answer calls, we do have the right to terminate calls if the consumer become abusive.
Openness
What the law says and what it means for LPS
The law requires us to be open with you about what personal data we collect, and what we do with it. We purchase data on behalf of clients for either explicit consent or a legitimate reason for processing.
Under GDPR we have 28 days in which to respond to a Subject Access Request.
Your data and what we do with it
We are a Fundraising Agency and we have purchased your data, you are known as a data subject in the eyes of the law. Being open with you means being clear about how and why we use your personal data.
Organisations must have a reason to collect and use personal data. Our primary reasons for using the collected consumer data is either under explicit consent or for the legitimate interest of the consumer.
What personal data do we collect?
By law, the data LPS purchases on behalf of our clients must be limited to what is necessary and relevant to their purpose. The information collected is (including but not exclusively):
- Your name
- Your postal address(es)
- Your telephone number(s)
- Other contact details such as an email address
- Any specific information you have given about your age and gender.
- Selected information regarding any positive variables for a specific question answered. i.e. charity. or lottery – these will vary depending on the marketing survey answered.
- The details of any complaint you make
- Records of correspondence if you contact us
- Where we’ve sent letters and they are returned to us, as the addressee no longer lives there
- IP addresses linked to cookies
You do have a choice about whether you take part in online surveys, details are given on how you should opt out during all survey calls, online collected data is also clear and transparent when collecting your data, giving details of where you can opt out and ensuring you are fully aware as to what you are entering on the website.
Special categories and sensitive personal data
Data protection law treats certain types of personal data as sensitive (called ‘special categories data’ within the law) and has further rules about how it is used. This includes information about racial or ethnic origins, political or other views, sexual orientation and health. The suppliers of data to LPS are also covered by this law.
What do we do with the information that has been collected?
The information collected by suppliers and purchased by LPS is used for marketing purposes by LPS to inform the consumer about a charity. or a lottery, it is entirely the consumers right to refuse the call and ask for their details to be removed from the caller’s data base and for any further information about the source of the data subject’s details.
How long do we keep your personal data?
By law, personal data must not be kept any longer than necessary for the purpose of marketing.
We retain certain types of personal data in case we need to refer to it later for compliance purposes or are requested for legal reasons to share the data with authorised persons.
We keep complaints for three years.
Security
What the law says, and what it means for LPS and your data
Data protection law instructs us to take all appropriate measures to keep your personal data secure. This means we must take steps to protect your data against unauthorised or unlawful use, and against accidental loss, destruction or damage.
Will your personal data be kept secure?
Your personal data is personal to you, and should stay safe, and private. We know this is crucial in maintaining your trust in LPS. We protect your details in many ways. These include staff training, investing in technology and following strict handling and storage procedures.
The personal data collected is limited to information that is relevant and necessary. We take all appropriate steps to keep your data secure. We always follow data protection law and aim to apply best practice for information security.
Our technology and information security systems are there to protect your personal data. We apply up to date data encryption tools and have specific policies in place, with dedicated staff training materials and contracts to ensure personal data is fully protected. This aims to prevent your data being lost, damaged or destroyed, or its unauthorised or unlawful use.
We train our staff to take care of your personal data and give them detailed guidance on security requirements. So, if you contact us, we’ll always ask you to identify yourself before we share any of your data with you.
All data is only kept for 3 months on our secure platform before being deleted. It is then stored indefinitely in our suppression files for compliance purposes.
An email is not always secure. Unless your password protects or encrypt it, someone else could read it. If you wish to email us, in addition to your enquiry, you should only send enough personal information to allow us to identify you, for example your name and telephone number. Please send to compliance@lotterypromotions.co.uk
Will your data be moved outside the European Economic Area?
Most of your personal data is handled and stored within the UK, Channel Islands and the Isle of Man. Some is processed outside the European Economic Area (EEA).
We only allow data to be transferred when we are completely satisfied that our customers’ data is secure. Our suppliers are contractually obliged to incorporate technical, organisational and auditable measures into their own processes, to ensure any data is transferred safely.
Cookies
Cookies are small data files used by websites to increase effectiveness. We use cookies to increase your security and help improve our site by recognising returning visitors to help us deliver a more personalised service to our users. Cookies can be necessary for the operation of some parts of the site.
Most browsers accept cookies automatically, however, this can be disabled by activating the setting on your browser to reject cookies.
Your IP address and information will also be collected if you make a submission on any of our contact form
Fairness
What the law says and what it means for LPS and your data
Data protection law gives you clear rights relating to your personal data and gives us clear rules about using it. The law says we must use your data lawfully, fairly and transparently. This means telling you how we use your data, who we share it with, and informing you about what data we hold about you, if requested you can also ask us to remove the data record.
How to find out what personal data we hold on you
You have the right to know what information we hold about you. You can ask to see specific personal data that we hold about you. This is known as a Subject Access Request, or SAR (under GDPR this is known as the right of access).
We don’t charge for the first request, but we may charge a reasonable fee if the request is repetitive or unreasonable. A request for information under data protection law should be responded to within one month.
Your rights as a data subject
Data protection law gives you the right to object to Marketing Calls using your personal data.
The right to erase data from our systems – please email compliance@lotterypromotions.co.uk and confirm the phone number you have been contacted on and request for this number to be opted out.
In all circumstances, you can ask us to remove your personal data.
If you ever feel your complaint has not been dealt by us to your satisfaction, you also have the right to complain to a relevant supervisory. More information about the Information Commissioner’s Office (ICO) can be found at www.ico.org.uk/concerns.
The right to object to processing
You can object to LPS using your personal data.
GDPR gives you the right to object to LPS using your personal data.
Accuracy
What the law says, and what it means for LPS and your data
Your personal data must be kept accurate and up to date, with every reasonable step taken to ensure that inaccuracies are removed or rectified. This means that if a mistake or an error is discovered, by you or by us, we will put it right.
How accurate is the data held on our systems?
We will take all appropriate measures to make sure our records are correct. You can ask us to update any personal data if you think it’s wrong, out of date, or incomplete.
Communication
How you can contact us
If you have any questions, comments or complaints about Choose Leads, please email us at: compliance@lotterypromotions.co.uk
Changes to this policy
We may amend this policy if the way we process your data, or the law relating to this, changes.
This Policy was last updated in April2020
How to opt out
If you have received marketing calls and would like to stop these please email Compliance@lotterypromotions.co.uk – you will receive a response within 24 working hours to confirm your email has been received. A member of the compliance team will then investigate which data collection source has supplied your data for marketing. LPS will then contact the source and get them to remove you from further marketing calls/being passed to any other organisations.
LPS will also add you to our internal ‘Do Not Call’ list. This means that if LPS is to purchase your information again from another collection source of data this would immediately override this new feed of data and ensure LPS does not use your information again.
Right to be forgotten: As a data subject you do have the right to be forgotten – again if you wish to exercise this right please email compliance@lotterypromotons.co.uk with the number you have been contacted on. This does mean that LPS would not keep any trace of your record, therefore if the record was purchased again by LPS there would be no way of screening this data against a future call.
If you have completed your information on multiple sites, although LPS will request you are opted out from the source where LPS has acquired the data from, there is no guarantee that other sources of data collection may be using your data.
A majority of the data procured by LPS comes from either ‘online competition sites’, ‘telephone surveys’, ‘face 2 face surveys’ or ‘paper surveys’.
If you wish to take a survey of any type, please make sure you do not tick any of the boxes regarding getting calls from any ‘sponsors/partners/named companies’ as this means you have opted in for these companies to contact you.
We would recommend that you go to www.tpsonline.org.uk and register on the government run site – this is the Telephone Preference Service. LPS always screen any data against the Telephone Preference Service (apart from where Explicit Consent has been given. Please note even though it may appear that you are on the TPS register as soon as you have added your number online, it may take up to 28 days to take effect.