The Premier Rug & Oriental Carpet Cleaning, Repairs & Restoration Company

WELCOME TO MAGIC HAND LTD

Data protection information notice for customers

1. Introduction

1.1    We are committed to safeguarding the privacy of all individuals whose personal data we store and process; in this notice we explain how we will handle your personal data.

1.2    This notice applies where we are acting as a data controller with respect to your personal data; in other words, where we determine the purposes and means of the processing of that personal data.

1.3    In this notice, “we”, “us” and “our” refer to SEQ Legal LLP. For more information about us, see section 9.

2. How we use your personal data

2.1    In this section 2 we have set out:

(a)    the general categories of personal data that we may process;

(b)    in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(c)    the purposes for which we may process personal data; and

(d)    the legal bases of the processing.

2.2    We may process information relating to our customer relationships, including customer contact information (“customer relationship data“). The customer relationship data may include [your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.

2.3    We may process information relating to transactions, including purchases of goods and services, that you enter into with us (“transaction data“). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our business.

2.4    We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is our legitimate interests, namely communications with our customers.

2.5    We may process your personal data that are provided in the course of the use of our services (“service data“). The service data may include your name, address, contact details, and all work communication including your items images. The source of the service data is you or your employer. The service data may be processed for the purposes of providing our services, ensuring the security of our services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our business.

2.6    We may process your name, address, contact details, and all work communication including your items images. This data may include your name, address, contact details, and all work communication including your items images. The source of this data is your provided details contained in your account including your email, mobile, and text communications. This data may be processed for improving our customer service. The legal basis for this processing is our legitimate interests, namely improving our customer service and our business operating system functionality.

2.7    We may process any of your personal data identified in this notice where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.8    We may process any of your personal data identified in this notice where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

2.9    In addition to the specific purposes for which we may process your personal data set out in this section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2.10  Please do not supply any other person’s personal data to us, unless we prompt you to do so.

3. Providing your personal data to others

3.1    We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this notice. Information about our group of companies can be found at https://antiquescoin.co.uk/

3.2    We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

3.3    Financial transactions relating to our goods and services may be handled by our payment services providers, EPDQ and PDQ machine. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at https://antiquescoin.co.uk/payments-and-refunds/

3.4    In addition to the specific disclosures of personal data set out in this section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. Retaining and deleting personal data

4.1    This section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

4.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

4.3    We will retain your personal data as follows:

(a)    Your name, address, email, and contact number, as well as product images, and invoices will be retained for a minimum period of 6 years following the usage of our service, and for a maximum period of 6 years following the usage of our service.

4.4    In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

(a)    the period of retention of any of a customer’s personal data including name, address, contact details including mobile and email will be determined based on necessity for auditing and accounting for the company.

4.5    Notwithstanding the other provisions of this section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

5. Security of personal data

5.1    We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.

5.2    We will store all your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.

5.3    The following personal data will be stored by us in encrypted form

5.4    You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

5.5    You should ensure that your passwords used to access our software and IT systems are not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the passwords confidential and we will not ask you for your passwords (except when you log in to our software and IT systems).

6. Amendments

6.1    We publish changes to this notice on our website at https://antiquescoin.co.uk/

6.2    We will notify you of any changes to this notice which may affect you by email or post.

7. Your rights

7.1    In this section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

7.2    Your principal rights under data protection law are:

(a)    the right to access – you can ask for copies of your personal data;

(b)    the right to rectification – you can ask us to rectify inaccurate personal data and to complete incomplete personal data;

(c)    the right to erasure – you can ask us to erase your personal data;

(d)    the right to restrict processing – you can ask use to restrict the processing of your personal data;

(e)    the right to object to processing – you can object to the processing of your personal data;

(f)    the right to data portability – you can ask that we transfer your personal data to another organisation or to you;

(g)    the right to complain to a supervisory authority – you can complain about our processing of your personal data; and

(h)    the right to withdraw consent – to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

7.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting https://antiquescoin.co.uk/my-account/ when logged into our website.

7.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

7.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

7.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

7.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

7.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

7.9    You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

7.10  To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

7.11  If you consider that our processing of your personal data infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

7.12  To the extent that the legal basis for our processing of your personal data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

7.13  You may exercise any of your rights in relation to your personal data by written notice to us.

8. Our details

8.1    Our full legal name is Magic Hand Limited.

8.2    We are registered in England and Wales under registration number 04690869, and our registered office is at First Floor, Building A, Occ, 105 Eade Road, London, England, N4 1TJ.

8.3    Our principal place of business is at First Floor, Building A, Occ, 105 Eade Road, London, England, N4 1TJ.

8.4    You can contact us:

(a)    by post, to the postal address given above;

(b)    using our website contact form at https://antiquescoin.co.uk/;

(c)    by telephone, on London tel: 020 8800 3377, Surrey tel: 01483 866 017, mobile: 07904 523 636

(d)    by email, to info@antiquescoin.co.uk.

 

Data protection information notice for customers:

This notice is designed to help data controllers to comply with the disclosure requirements of the General Data Protection Regulation (GDPR) with respect to customers.

This notice sets out the categories of personal data that may be processed and, with respect to each category of personal data, the legal basis of that processing. Where the legal basis is “legitimate interests”, then the specific interests should be identified.

Where data is obtained from a person other than the data subject, then the source of that data should be identified. In addition, the data controller will need to provide the notice to the data subject “within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circumstances in which the personal data are processed” (Article 14(3), GDPR).

The persons or categories of person to whom personal data may be disclosed should also be identified in the notice, as should details of international transfers (outside the EEA) and the safeguards adopted to ensure that such transfers are lawful.

If you wish to use a single notice for website users and customers, you should look at our privacy policy / privacy and cookies policy templates, rather than this document.

Section 1: Introduction

Section 1.1

“Personal data” is defined in Article 4(1) of the GDPR:

“‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

Section 1.2

Section 2: How we use your personal data

The GDPR requires that controllers disclose to data subjects detailed information about their processing of personal data.

Article 13(1) of the GDPR provides that:

“Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: … (c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; (d) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party”.

Article 14(1) of the GDPR provides that:

“Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: … (c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; (d) the categories of personal data concerned …”.

Article 14(2) of the GDPR, which also applies in the case that the personal data have not been obtained from the data subject, provides that:

“In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: … (b) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party … (f) from which source the personal data originate, and if applicable, whether it came from publicly accessible sources … “.

Article 6(1)(f) of the GDPR, which is referred to in Articles 13 and 14, provides that:

“(1) Processing shall be lawful only if and to the extent that at least one of the following applies: … (f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.”

As regards the identification of the source of personal data in the case that the personal data is not obtained from the data subject, the guidance from the European Data Protection Board states that:

“The specific source of the data should be provided unless it is not possible to do so … . If the specific source is not named then information provided should include: the nature of the sources (i.e. publicly / privately held sources) and the types of organisation / industry / sector.”

https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Note that, while Article 14 of the GDPR provides that information about “the categories of personal data concerned” must be supplied to data subjects, Article 13 does not include an equivalent provision. Nonetheless, we have included references to general categories of data in this document, because this facilitates the identification of particular purposes of processing and the legal bases of processing – information which does need to be provided under Article 13.

The UK Information Commissioner’s Office website provides useful guidance in relation to the selection of the legal bases for processing:

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/

Section 3: Providing your personal data to others

Article 13(1)(e) of the GDPR requires that where personal data are collected from the data subject, the data controller must provide the data subject with information about “the recipients or categories of recipients of the personal data”.

Equivalent rules for data collected from someone other than the data subject are in Article 14(1)(e).

Although the GDPR refers to “categories of recipients”, the guidance from the European Data Protection Board on this subject states:

“The term ‘recipient’ is defined in Article 4.9 as ‘a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not’ [emphasis added]. As such, a recipient does not have to be a third party. Therefore, other data controllers, joint controllers and processors to whom data is transferred or disclosed are covered by the term ‘recipient’ and information on such recipients should be provided in addition to information on third party recipients. The actual (named) recipients of the personal data, or the categories of recipients, must be provided. In accordance with the principle of fairness, controllers must provide information on the recipients that is most meaningful for data subjects. In practice, this will generally be the named recipients, so that data subjects know exactly who has their personal data. If controllers opt to provide the categories of recipients, the information should be as specific as possible by indicating the type of recipient (i.e. by reference to the activities it carries out), the industry, sector and sub-sector and the location of the recipients.”

https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Section 4: Retaining and deleting personal data

Article 5(1)(e) of the GDPR sets out the storage limitation, one of the fundamental rules of the regime:

“Personal data shall be: … kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject … “.

Article 13(2) of the GDPR provides, in relation to personal data collected from the data subject, that:

“… the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing: (a) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period …”.

Article 14(2) of the GDPR makes similar provision in relation to personal data that is not collected from the data subject.

The European Data Protection Board guidance on this issue states:

“This is linked to the data minimisation requirement in Article 5.1(c) and storage limitation requirement in Article 5.1(e). The storage period (or criteria to determine it) may be dictated by factors such as statutory requirements or industry guidelines but should be phrased in a way that allows the data subject to assess, on the basis of his or her own situation, what the retention period will be for specific data / purposes. It is not sufficient for the data controller to generically state that personal data will be kept as long as necessary for the legitimate purposes of the processing. Where relevant, the different storage periods should be stipulated for different categories of personal data and/or different processing purposes, including where appropriate, archiving periods.”

https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

 

Section 5: Your rights

Article 13(2) of the GDPR provides that, where personal data is collected from a data subject, certain information about data subject rights must be provided:

“In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing: … (b) the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability; (c) where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal; …”.

Similar provisions are set out in Article 14 in relation to personal data which is not collected from the relevant data subject.

The European Data Protection Board guidance on this issue states:

“This information should be specific to the processing scenario and include a summary of what the right involves and how the data subject can take steps to exercise it and any limitations on the right … . In particular, the right to object to processing must be explicitly brought to the data subject’s attention at the latest at the time of first communication with the data subject and must be presented clearly and separately from any other information.”

https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Section 6

Article 18(1) of the GDPR states:

“The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies: (a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; (b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; (c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; (d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.

Section 7

The right to object to processing is detailed in Article 21 of the GDPR, and must be notified to data subjects under Articles 21(4), 13(2)(b) and 14(2)(c).

Section 8

The right to data portability is set out in full in Article 20 of the GDPR, and must be notified to data subjects under Articles 13(2)(b) and 14(2)(c).

Section 9

The right to lodge a complaint with a supervisory authority is set out in Article 77 of the GDPR, and must be notified to data subjects under Articles 13(2)(d), 14(2)(e) and 15(1)(f).

Section 10

Article 7(3) of the GDPR sets out the right of withdrawal. The right must be notified to data subjects under Articles 13(2)(c) and 14(2)(d). See also Article 17(1)(b).

Section 11
Article 3(2) of the GDPR provides that:

“This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such datasubjects in the Union; or (b) the monitoring of their behaviour as far as their behaviour takes place within the Union.”

Article 27(1) of the GDPR provides that:

“Where Article 3(2) applies, the controller or the processor shall designate in writing a representative in the Union.”

There are however some exceptions here. Article 27(2) of the GDPR provides that:

“The obligation laid down in paragraph 1 of this Article shall not apply to: (a) processing which is occasional, does not include, on a large scale, processing of special categories of data as referredto in Article 9(1) or processing of personal data relating to criminal convictions and offences referred to in Article 10, and is unlikely to result in a risk to the rights and freedoms of natural persons, taking into account the nature, context, scope and purposes of the processing; or (b) a public authority or body.”

Where a representative has been appointed, Article 13(1)(a) of the GDPR provides that:

“Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: (a) the identity and the contact details of the controller and, where applicable, of the controller’s representative”.

Section 12

Some data controllers and data processors will have an obligation to appoint a data protection officer (DPO). The basic obligation is set out in Article 37(1) of the GDPR:

“The controller and the processor shall designate a data protection officer in any case where: (a) the processing is carried out by a public authority or body, except for courts acting in their judicial capacity; (b) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or (c) the core activities of the controller or the processor consist of processing on a large scale of special categories of data pursuant to Article 9 and personal data relating to criminal convictions and offences referred to in Article 10.”

Article 13(1) of the GDPR provides that:

“Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information … (b) the contact details of the data protection officer, where applicable”.

 

 

 

Data protection information notice for suppliers

1. Introduction

1.1    We are committed to safeguarding the privacy of all individuals whose personal data we store and process; in this notice we explain how we will handle your personal data.

1.2    This notice applies where we are acting as a data controller with respect to your personal data; in other words, where we determine the purposes and means of the processing of that personal data.

1.3    In this notice, “we”, “us” and “our” refer to SEQ Legal LLP. For more information about us, see section 9.

2. How we use your personal data

2.1    In this section 2 we have set out:

(a)    the general categories of personal data that we may process;

(b)    in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(c)    the purposes for which we may process personal data; and

(d)    the legal bases of the processing.

2.2    We may process your business contact information and related personal details (“contact data“). The contact information may include your name, details of your job or role, your business email address, your business postal address and your business telephone number. The source of the contact information will be you or your employer. The contact data may be processed for the purposes of communicating with you and your employer, and keeping records relating to our relationship with your employer and the services that your employer provides to us. The legal basis for this processing is our legitimate interests, namely the proper administration of our business.

2.3    We may process your personal data that is contained in or associated with any deliverables that you produce and provide to us, or that is contained in or associated with any deliverables produced and provided to us by your employer or any relevant third party in connection with the work that your employer performs for us (“deliverables data“). The deliverables data may include your name, address, contact details, and all work communication including your items images. The source of the service data is you, your employer or the relevant third party. The deliverables data may be processed for the purpose of operating our business. The legal basis for this processing is our legitimate interests, namely enjoying the benefits of services your employer provides to us and the proper administration of our business.

2.4    We may process your personal data relating to the services that your employer provides to us, including data in contracts between us and your employer, data concerning the nature of the services and data concerning the time and manner of the performance of the services (“services data“). The service data may include your name, address, contact details, and all work communication including your items images. The source of the services data is you, your employer or our own personnel. The services data may be processed for the purposes of monitoring your performance, managing our relationship with you and your employer, providing our own services to customers, ensuring the security of our services and keeping records of the services your employer provides. The legal basis for this processing is our legitimate interests, namely the proper administration of our business.

2.5    We may process data about your use of our software and IT systems (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system and navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the software and IT systems. The legal basis for this processing is our legitimate interests, namely monitoring the use of our software and IT systems.

2.6    We may process information contained in or relating to any communication that you send to us or that we send to you (“correspondence data“). The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our business and communications with relevant persons.

2.7    We may process your name, address, contact details, and all work communication including your items images. This data may include your name, address, contact details, and all work communication including your items images. The source of this data is your provided details contained in your account including your email, mobile, and text communications. This data may be processed for improving our customer service. The legal basis for this processing is our legitimate interests, namely improving our customer service and our business operating system functionality.

2.8    We may process any of your personal data identified in this notice where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.9    We may process any of your personal data identified in this notice where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

2.10  In addition to the specific purposes for which we may process your personal data set out in this section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2.11  Please do not supply any other person’s personal data to us, unless we prompt you to do so.

3. Providing your personal data to others

3.1    We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this notice. Information about our group of companies can be found at https://antiquescoin.co.uk.

3.2    We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

3.3    In addition to the specific disclosures of personal data set out in this section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. Retaining and deleting personal data

4.1    This section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

4.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

4.3    We will retain your personal data as follows:

(a)    your name, address, contact details, and all work communication including your items images, and invoices will be retained for a minimum period of 6 years following the usage of our service, and for a maximum period of 6 years following the usage of our service.

4.4    In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

(a)    the period of retention of any of a customer’s personal data including name, address, contact details including mobile and email will be determined based on necessity for auditing and accounting for the company.

4.5    Notwithstanding the other provisions of this section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

5. Security of personal data

5.1    We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.

5.2    We will store all your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.

5.3    You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

5.4    You should ensure that your passwords used to access our software and IT systems are not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the passwords confidential and we will not ask you for your passwords (except when you log in to our software and IT systems).

7. Amendments

7.1    We publish changes to this notice on our website at https://antiquescoin.co.uk.

7.2    We will notify you of any changes to this notice which may affect you by email or post.

8. Your rights

8.1    In this section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2    Your principal rights under data protection law are:

(a)    the right to access – you can ask for copies of your personal data;

(b)    the right to rectification – you can ask us to rectify inaccurate personal data and to complete incomplete personal data;

(c)    the right to erasure – you can ask us to erase your personal data;

(d)    the right to restrict processing – you can ask use to restrict the processing of your personal data;

(e)    the right to object to processing – you can object to the processing of your personal data;

(f)    the right to data portability – you can ask that we transfer your personal data to another organisation or to you;

(g)    the right to complain to a supervisory authority – you can complain about our processing of your personal data; and

(h)    the right to withdraw consent – to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

8.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting https://antiquescoin.co.uk/my-account/ when logged into our website.

8.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

8.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9    You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10  To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11  If you consider that our processing of your personal data infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.12  To the extent that the legal basis for our processing of your personal data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13  You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this section 8.

9. Our details

9.1    Our full legal name is Magic Hand Limited.

9.2    We are registered in England and Wales under registration number 04690869, and our registered office is at First Floor, Building A, Occ, 105 Eade Road, London, England, N4 1TJ.

9.3    Our principal place of business is at First Floor, Building A, Occ, 105 Eade Road, London, England, N4 1TJ.

9.4    You can contact us:

(a)    by post, to the postal address given above;

(b)    using our website contact form at at https://antiquescoin.co.uk;

(c)    by telephone, on London tel: 020 8800 3377, Surrey tel: 01483 866 017, mobile: 07904 523 636; or

(d)    by email, to info@antiquescoin.co.uk.

Data protection information notice for suppliers:

Organisations usually act as data controllers with respect to some of the personal data provided by suppliers, and there is an obligation under data protection law to notify data subjects – that is, individuals whose personal data is being processed – about the parameters of that processing.

With the coming of the General Data Protection Regulation (GDPR) organisations across and indeed beyond the European Union are investing significant resources in improving their data protection compliance profiles, and we expect that information notices of this kind will become more common over the coming years.

This notice has been drafted  to take into account both the GDPR and the associated regulatory guidance.

Section 1: Introduction

Section 1.1

“Personal data” is defined in Article 4(1) of the GDPR:

“‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

Section 1.2

Section 2: How we use your personal data

The GDPR requires that controllers disclose to data subjects detailed information about their processing of personal data.

Article 13(1) of the GDPR provides that:

“Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: … (c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; (d) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party”.

Article 14(1) of the GDPR provides that:

“Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: … (c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; (d) the categories of personal data concerned …”.

Article 14(2) of the GDPR, which also applies in the case that the personal data have not been obtained from the data subject, provides that:

“In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: … (b) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party … (f) from which source the personal data originate, and if applicable, whether it came from publicly accessible sources … “.

Article 6(1)(f) of the GDPR, which is referred to in Articles 13 and 14, provides that:

“(1) Processing shall be lawful only if and to the extent that at least one of the following applies: … (f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.”

As regards the identification of the source of personal data in the case that the personal data is not obtained from the data subject, the guidance from the European Data Protection Board states that:

“The specific source of the data should be provided unless it is not possible to do so … . If the specific source is not named then information provided should include: the nature of the sources (i.e. publicly / privately held sources) and the types of organisation / industry / sector.”

https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Note that, while Article 14 of the GDPR provides that information about “the categories of personal data concerned” must be supplied to data subjects, Article 13 does not include an equivalent provision. Nonetheless, we have included references to general categories of data in this document, because this facilitates the identification of particular purposes of processing and the legal bases of processing – information which does need to be provided under Article 13.

The UK Information Commissioner’s Office website provides useful guidance in relation to the selection of the legal bases for processing:

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/

Section 3: Providing your personal data to others

Article 13(1)(e) of the GDPR requires that where personal data are collected from the data subject, the data controller must provide the data subject with information about “the recipients or categories of recipients of the personal data”.

Equivalent rules for data collected from someone other than the data subject are in Article 14(1)(e).

Although the GDPR refers to “categories of recipients”, the guidance from the European Data Protection Board on this subject states:

“The term ‘recipient’ is defined in Article 4.9 as ‘a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not’ [emphasis added]. As such, a recipient does not have to be a third party. Therefore, other data controllers, joint controllers and processors to whom data is transferred or disclosed are covered by the term ‘recipient’ and information on such recipients should be provided in addition to information on third party recipients. The actual (named) recipients of the personal data, or the categories of recipients, must be provided. In accordance with the principle of fairness, controllers must provide information on the recipients that is most meaningful for data subjects. In practice, this will generally be the named recipients, so that data subjects know exactly who has their personal data. If controllers opt to provide the categories of recipients, the information should be as specific as possible by indicating the type of recipient (i.e. by reference to the activities it carries out), the industry, sector and sub-sector and the location of the recipients.”

https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Section 4: Retaining and deleting personal data

Article 5(1)(e) of the GDPR sets out the storage limitation, one of the fundamental rules of the regime:

“Personal data shall be: … kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject … “.

Article 13(2) of the GDPR provides, in relation to personal data collected from the data subject, that:

“… the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing: (a) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period …”.

Article 14(2) of the GDPR makes similar provision in relation to personal data that is not collected from the data subject.

The European Data Protection Board guidance on this issue states:

“This is linked to the data minimisation requirement in Article 5.1(c) and storage limitation requirement in Article 5.1(e). The storage period (or criteria to determine it) may be dictated by factors such as statutory requirements or industry guidelines but should be phrased in a way that allows the data subject to assess, on the basis of his or her own situation, what the retention period will be for specific data / purposes. It is not sufficient for the data controller to generically state that personal data will be kept as long as necessary for the legitimate purposes of the processing. Where relevant, the different storage periods should be stipulated for different categories of personal data and/or different processing purposes, including where appropriate, archiving periods.”

https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Section 5: Your rights

Article 13(2) of the GDPR provides that, where personal data is collected from a data subject, certain information about data subject rights must be provided:

“In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing: … (b) the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability; (c) where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal; …”.

Similar provisions are set out in Article 14 in relation to personal data which is not collected from the relevant data subject.

The European Data Protection Board guidance on this issue states:

“This information should be specific to the processing scenario and include a summary of what the right involves and how the data subject can take steps to exercise it and any limitations on the right … . In particular, the right to object to processing must be explicitly brought to the data subject’s attention at the latest at the time of first communication with the data subject and must be presented clearly and separately from any other information.”

https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Section 6

Article 18(1) of the GDPR states:

“The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies: (a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; (b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; (c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; (d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.

Section 7

The right to object to processing is detailed in Article 21 of the GDPR, and must be notified to data subjects under Articles 21(4), 13(2)(b) and 14(2)(c).

Section 8

The right to data portability is set out in full in Article 20 of the GDPR, and must be notified to data subjects under Articles 13(2)(b) and 14(2)(c).

Section 8.1

The right to lodge a complaint with a supervisory authority is set out in Article 77 of the GDPR, and must be notified to data subjects under Articles 13(2)(d), 14(2)(e) and 15(1)(f).

Section 8.2

Article 7(3) of the GDPR sets out the right of withdrawal. The right must be notified to data subjects under Articles 13(2)(c) and 14(2)(d). See also Article 17(1)(b).

Section 9

Article 3(2) of the GDPR provides that:

“This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such datasubjects in the Union; or (b) the monitoring of their behaviour as far as their behaviour takes place within the Union.”

Article 27(1) of the GDPR provides that:

“Where Article 3(2) applies, the controller or the processor shall designate in writing a representative in the Union.”

There are however some exceptions here. Article 27(2) of the GDPR provides that:

“The obligation laid down in paragraph 1 of this Article shall not apply to: (a) processing which is occasional, does not include, on a large scale, processing of special categories of data as referredto in Article 9(1) or processing of personal data relating to criminal convictions and offences referred to in Article 10, and is unlikely to result in a risk to the rights and freedoms of natural persons, taking into account the nature, context, scope and purposes of the processing; or (b) a public authority or body.”

Where a representative has been appointed, Article 13(1)(a) of the GDPR provides that:

“Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: (a) the identity and the contact details of the controller and, where applicable, of the controller’s representative”.

Section 10

Some data controllers and data processors will have an obligation to appoint a data protection officer (DPO). The basic obligation is set out in Article 37(1) of the GDPR:

“The controller and the processor shall designate a data protection officer in any case where: (a) the processing is carried out by a public authority or body, except for courts acting in their judicial capacity; (b) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or (c) the core activities of the controller or the processor consist of processing on a large scale of special categories of data pursuant to Article 9 and personal data relating to criminal convictions and offences referred to in Article 10.”

Article 13(1) of the GDPR provides that:

“Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information … (b) the contact details of the data protection officer, where applicable”.

See also Article 14(1)(b).