Trading Standards Checked privacy notice

This notice explains what personal data (information) we hold about you, how we collect, how we use and may share information about you.  We are required to give you this information under data protection law.

Who we are

We collect, use and are responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.

Kent County Council Trading Standards Checked is a fair trader scheme, managed and administered by KCC.

Personal information we collect and use

Information collected by us

In order for us to promote, administer and manage the Trading Standards Checked scheme, we collect the following personal information when you provide it to us:

  • name
  • contact address and email address
  • contact telephone number
  • date of birth
  • confirmation of identification (proof of ID and address)
  • confirmation of the existence of any criminal records.

We recognise that personal information concerning criminal convictions and offences is not special category personal data but is a very sensitive type of personal information which can only be shared in narrow circumstances.

How we use your personal information

We will use your personal information to:

  • provide you with information and offers relating to the Trading Standards Checked scheme
  • consider and review your application for membership at initial application stage and on an annual basis
  • complete background and due diligence checks as per the scheme membership criteria
  • review complaint levels and adherence to the scheme terms and conditions.

How long your personal data will be kept

We will hold your personal information on our secure case management system for up to 1 year after your last request for information about the scheme, or after your last contact with the scheme or following the end of your membership.

Reasons we can collect and use your personal information

For business advice services, the lawful basis on which we collect and use your personal data is that ‘processing is necessary for the performance of a contract’.

As we have a contractual basis for collecting your personal data if you do not provide all of the personal data requested, we may be unable to provide the business advice that you have requested.

For event bookings, the lawful basis on which we collect and use your personal data is that 'of a task carried out in the public interest’.

Secondary to this, if your consent is given for future contact when you make the booking, the lawful basis on which we collect and use your personal data is that ‘the data subject has given consent to the processing of their personal data.’

Data relating to your health

When booking events, you may provide us with information about your physical and mental health, for example you may wish us to know about a health issue or disability you may have for the purpose of allowing us to make adjustments, so you can attend the event.

We rely upon explicit consent for the processing of this information. If you provide us with this information we will only process it (including sharing the information with our partners) to the extent that it is necessary for that purpose.

You may withdraw your consent at any time.  If you do withdraw your consent no further personal information will be collected and the existing personal information shall only be retained in accordance with KCC’s data protection policy.  If you do withdraw your consent we will not be able to ensure that any necessary health needs are met.

Purpose of processingLegal basis for processing
For registering interest in the scheme/being kept up to date with the detail of the scheme.Processing is completed with the consent of the data subject.
Applying for membership.Processing is necessary to complete the actions, at the request of the data subject, prior to entering into a contract.
Completing background and due diligence checks as part of the application processProcessing is necessary to complete the actions, at the request of the data subject, prior to entering into a contract.
Ad hoc due diligence checks throughout agreementProcessing is necessary for the performance of a contract to which the data subject is party.

Processing is necessary for the performance of a contract to which the data subject is interest

Who we share your personal information with

Your personal information will not be routinely shared outside of the KCC Public Protection Group, unless there is a legal obligation to do so.

Your rights

Under GDPR you have rights which you can exercise free of charge which allow you to:

  • know what we are doing with your information and why we are doing it
  • ask to see what information we hold about you
  • ask us to correct any mistakes in the information we hold about you
  • object to direct marketing
  • make a complaint to the Information Commissioners Office.

Depending on our reason for using your information you may also be entitled to:

  • ask us to delete information we hold about you
  • have your information transferred electronically to yourself or to another organisation
  • object to decisions being made that significantly affect you
  • object to how we are using your information
  • stop us using your information in certain ways.

We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties. Please note, your request may delay or prevent us delivering a service to you.

For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individuals’ rights under GDPR.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

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 to contact

Please contact the Information Resilience and Transparency Team at data.protection@kent.gov.uk to exercise any of your rights, or if you have a complaint about why your information has been collected, how it has been used or how long we have kept it for.

You can contact our Data Protection Officer, Benjamin Watts, at dpo@kent.gov.uk, or write to: Data Protection Officer, Sessions House, Maidstone, Kent ME14 1XQ.

GDPR also gives you right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted on 03031 231113.

Read our corporate privacy statement.