Sunderland City Council and Boldyn Networks respect and are committed to protecting your personal data. This privacy notice describes the data protection measures put in place by us, the data controllers, to inform you as to how we look after your personal data when you visit our Smart City website, and what privacy rights you have.
This privacy notice aims to give you information on how we collect and process your personal data through your use of our Smart City website, including any personal data that you provide when you raise an inquiry or when you sign up to our newsletter.
In order to progress your inquiry through this website, we need certain information from you. Please see ‘Categories of Personal Data’ below.
In addition, we may ask you for your contact details to include you in our e-newsletter distribution list.
Our Smart City website is not intended for children and we do not knowingly collect data relating to children.
Sunderland City Council and Boldyn Networks Infrastructure UK Limited are the controllers and are responsible for your personal data (we, us, or our in this privacy notice).
Boldyn Networks Infrastructure UK Limited is a member of a group of companies. In respect of Boldyn Networks, this privacy notice is issued on behalf of the Boldyn group of companies, so when we mention Boldyn or “we”, “us”, or “our” in this privacy notice, we are referring to the relevant company in the Boldyn group responsible for processing your personal data (together with Sunderland City Council). In the absence of us letting you know which Boldyn entity will be the controller of your personal data, Boldyn Networks Infrastructure UK Limited is the controller (together with Sunderland City Council).
Changes to the privacy notice your duty to inform us of changes
We keep our privacy notice under regular review. This version was last updated on 25 July 2023.
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.
Third party links
The personal data that we collect about you (i.e., categories of personal data)
Personal data 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).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, organisation and title;
- Contact Data includes email address and telephone numbers;
- 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 this Smart City website;
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses;
- Usage Data includes information about how you use our website, products and services; and
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- Free-text data includes data that you input into the free-text box in the inquiry form of the Smart City website that could include any category of personal data that you decide to input.
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.
Legal Basis for Processing 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:where we need to perform a contract we are about to enter into have entered into with you e.g. customer inquiries – processing is necessary for the performance of a contract (i.e. agreement) between us. You agree to provide us with certain details so we can assist with your inquiry;
- where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
- Where you have given your consent, e.g. – Newsletter Mailing List – you have given us your consent to be included on our mailing list. You can withdraw your consent at any time by selecting the ‘Unsubscribe’ option on the webpage or by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for 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 where more than one ground has been set out in the table below.
|Type of data
|Lawful basis for processing including basis of legitimate interest
|To register you as a new customer
|Performance of a contract with you
|To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
|To make suggestions and recommendations to you about goods or services that may be of interest to you
(f) Marketing and Communications
|Necessary for our legitimate interests (to develop our products/services and grow our business)
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 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.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
- we will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
- you can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you OR by contacting us at any time.
- where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of other transactions.
Who the information may be shared with
We may share your personal data with the parties set out below for the purposes set out in the table “Purposes for which we will use your personal data” above:
- Internal Third Parties as set out in the “Glossary”.
- External Third Parties as set out in the “Glossary”.
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.
International Data Transfers
We share your personal data within the Boldyn group. This will involve transferring your data outside the UK.
Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
- Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
We will only retain your Personal Data for as long as necessary to fulfill the purpose for which it was collected, or to comply with legal, regulatory or internal policy 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, regulatory, tax, accounting or other requirements.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
We have implemented and maintain appropriate technical and organisational measures to ensure a level of security appropriate to protect your personal data from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.
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 Information Rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. We have summarised these rights below:
- Your right of access
- Your right to rectification
- Your right to erasure –
- Your right to restriction of processing
- Your right to data portability
- Your right to withdraw consent;
- Your right to object to processing of your personal data.
You are not required to pay any charge for exercising your rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
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.
We try to respond to all legitimate requests within one month. Occasionally it could 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.
Please contact our Data Protection Officers via the details below to exercise your rights.
Raising a Concern
If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance.
You can contact our Data Protection Officers as follows:
|Sunderland City Council
|Boldyn Networks Infrastructure UK Limited
|Data Protection Officer
|Data Protection manager
2 Kingdom Street
London W2 6BD
Alternatively, you can contact the Information Commissioner’s Office, who is the UK’s independent Supervisory Authority set up to uphold information rights. The contact details are:
a) online at: https://ico.org.uk/concerns/
b) by post: Information Commissioner’s Office
c) by telephone: 0303 123 1113 (local rate) or 01625 545 745
d) by fax: 01625 524 510
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.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
INTERNAL THIRD PARTIES
Other companies in the Boldyn group acting as joint controllers or processors and who are based in the UK, the EU, USA, Australia, Canada, Hong Kong and provide and undertake leadership reporting and service performance.
EXTERNAL THIRD PARTIES
- Service providers acting as processors who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting 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.
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 rectification 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:
- If you want us to establish the data’s accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- 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.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Data portability is your right to request a 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.