Ascend Business Growth Programme - privacy notice

Who we are

Derby City Council is the local government unitary authority for Derby city. Our address is the Council House, Corporation Street, Derby, DE1 2FS. You can contact our Data Protection Officer on 01332 640763 or by email at data.protection@derby.gov.uk.

How do we collect information from you?

We collect information from you when you visit www.derby.gov.uk, when you fill in any forms using our customer portals or on our website, including myAccount; also when you contact us in writing, speak to us on the phone, by email or any other type of electronic communication, or talk to us face to face.

What types of information do we collect from you?

We collect information from you when you visit www.derby.gov.uk; also when you contact us in writing, speak to us on the phone, by email or any other type of electronic communication, or talk to us face to face.

We collect different categories of information about you, depending on the service you want from us and/or the reason why we need to process information relating to you. This could be personal information (for example your name and address), or other more sensitive data that we would only collect and use in very particular circumstances that are set out in law.

Details of information obtained from third parties?

We do not obtain any information from third parties in relation to this project.

What is the lawful basis?

The legal basis for data processing we are relying on comes from Article 6 of the UK General Data Protection Regulations (UK GDPR). The following sections apply;

• Article 6(1)(c) Legal Obligation - Processing is necessary for compliance with a legal obligation to which the controller is subject;
• Article 6(1)(e) Public task - the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.

We may also ask for your consent in certain circumstances in accordance with:

• Article 61(a) - the data subject has given consent to the processing of his or her personal data for one or more specific purpose
• We rely on the following conditions as per Article 9 (2) of the UK GDPR:
  • (a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes
  • (g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject
  • (f) processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity

If we have asked for your consent, you will be able to opt out any time by emailing ascend@derby.gov.uk.

We process all information in accordance with our legal obligations and public tasks arising from the following provisions:

• Local Government Finance Act 1988, as amended
• UK General Data Protection Regulations 2021
• Data Protection Act 2018
• Small Business grand Fund (SBGF) and Retail, Hospitality and Leisure Grant Fund (RHLGF) government guidance
• Coronavirus Act 2020
• Section 151 Local Government Act 1972
• Localism Act 2011
• Article 107 of the treaty on the Functioning of the European Union 2012/C 326/01
• UK/EU Trade and corporation agreement European Union (future relationship) act 2020 – Subsidy Controls
• World Trade Organisation
• Guidance from BEIS

How is your information used?

We may use your information to:

• To assess the viability of the application for Grant or Loan Funding
• To assess the eligibility of the application for grant or Loan Funding
• To enable the assessment and completion of Due Diligence and Contracting requirements
• To assess the performance against contracted outputs and other general monitoring procedures against contractual obligations
• To assess your entitlement for any Grant and Loans claims received
• Process payment or charges
• To carry out obligations arising from any contracts entered into by you and us
• To notify you of change of service
• To send you communications which you have requested and that may be of interest

COVID-19/Coronavirus

Coronavirus has been added as a notifiable disease under the Health Protection (Notification) Regulations 2010. Under the Public Health (Control of Disease) Act 1984 and associated Regulations; the Council has a legal duty to store, process and share personal information. The information will be stored, processed and shared as part of investigations into COVID-19 cases and outbreaks and issues of non-compliance with the acts and associated regulations. The information will also be used; interrogated and mapped to inform the Councils actions and decision-making processes. Any such storage, processing or sharing of information will be done in the public interest in order to promote health and wellbeing.

During the investigation of cases and/or outbreaks of Coronavirus, information which is gathered may be shared between departments within Derby City Council; with other Councils associated with an outbreak; other health services or with other government bodies associated with the control of the Coronavirus. The Council has a duty to notify national Government bodies, such as the UK Health Security Agency and the relevant local authority where an individual resides (if different), where there are suspected Coronavirus cases. The Council will disclose the information under Article 9(2)(j) of the UK GDPR (processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health), and confidential information may be lawfully disclosed in the public interest, without consent, where the benefits to an individual or to society outweigh both the individual’s and the public interest in maintaining the confidentiality of such data.

The Council may contact staff, service users, residents, patients, businesses and premises with messages relating to Coronavirus by text, phone, letter or email. This contact is not direct marketing; therefore we do not need your Consent before contacting you. There is more information available on the Information Commissioners Office's website.

We may use contact details held in Council systems to ensure that we are able to contact you, and to ensure that we are working from accurate and up to date information. Such information will be accessed and processed where it is necessary to comply with our legal obligations and public tasks arising from the Coronavirus Act 2020, the Health Protection (Notification) Regulations 2010 and the Public Health (Control of Disease) Act 1984, the Care Act 2014 and associated Regulations.

Research and statistics

Anonymised and pseudonymised data may be used for research and statistical purposes. Any data collected may be used for research and statistical purposes that are relevant and compatible with the purpose that the data was collected for.

Who has access to your information?

Your information may be shared with the following organisations;

• Umi Ltd for Due Diligence preparation and monitoring reviews.
• Freeths, Geldards, Browne Jacobson (or a solicitor of the Councils choice) for contracting purposes.
• Investment Panel members for application recommendations and monitoring.
• Statutory agencies, such as the Police, National Fraud Authority – We may share your information with statutory agencies in line with our legal obligations and/or in completion of our public tasks.

We may also share details internally within Derby City Council. This will be shared in the following ways;

• With Councillor where we receive prior consent from you. This would be for the purpose of loan approval.
• Internally with Finance, Legal, Procurement and IT

We will not sell or rent your information to third parties. We will not share your information with third parties for marketing purposes.

What are your rights?

• Access – you can request copies of any of your personal information that is held by the Council.
• Rectification – you can ask us to correct any incorrect information.
• Deletion – you can ask us to delete your personal information. The Council can refuse to delete information if we have a lawful reason to keep this.
• Portability – you can ask us to transfer your personal data to different services or to you.
• Right to object or restrict processing – you have the right to object to how your data is being used and how it is going to be used in the future.
• Right to prevent automatic decisions – you have the right to challenge a decision that affects you that has been made automatically without human intervention, for example an online form with an instant decision.

How long will we keep your information for?

We keep and dispose of all records in line with our record retention schedule. We will comply with Data Protection legislation.

What security precautions are in place to protect the loss, misuse or alteration of your information?

We are strongly committed to data security and will take reasonable and appropriate steps to protect your personal information from unauthorised access, loss, misuse, alteration or corruption. We have put in place physical, electronic, and managerial procedures to safeguard the information you provide to us. However, we cannot guarantee the security of any information you transmit to us. We recommend that you take every precaution to protect your personal information.

Keeping your data up to date

We want to ensure any information we hold is accurate. You can help us by promptly informing us of any changes to the information we hold about you.

Under 13

If you are accessing online services and are under the age of 13‚ please ask for your parent or guardian's permission beforehand whenever you provide us with personal information

Cookies

Cookies are small text files which identify your computer to our servers. They are used to improve the user experience. View what cookies we use and how you can manage them.

IP addresses

Internet Protocol (IP) addresses are collected when our site is used:

• for statistical or analytical purposes
• to identify any malicious activity.

Complaints

If you would like to make a complaint regarding the use of your personal data you can contact our Data Protection Officer:

• By post: Information Governance, Council House, Corporation Street, Derby, DE1 2FS
• By phone: 01332 640763
• By email: data.protection@derby.gov.uk

For independent advice about data protection, privacy and data sharing issues, you can contact the Information Commissioner's Office (ICO):

• By post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
• By phone: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number

Alternatively, visit ico.org.uk or email casework@ico.org.uk.