Policy on data subject/client’s rights (GDPR compliant)

 

 

Aim and scope of this policy

 

Only Essex Driving may process certain types of data for business operations purposes. Only Essex Driving is fully aware of its obligations under the General Data Protection Regulation (GDPR) to process data lawfully and to ensure that the rights of data subjects, as set out in GDPR, are observed correctly. This policy sets out the rights of the aforementioned individuals as data subjects and the processes which should be followed in the event that the data subject wishes to exercise any such right.

 

Data subject rights

 

Under GDPR, you have the following rights in relation to your data:

 

  • the right to be informed
  • the right of access
  • the right for any inaccuracies to be corrected
  • the right to have information deleted
  • the right to restrict the processing of the data
  • the right to portability
  • the right to object to the inclusion of any information
  • the right to regulate any automated decision-making and profiling of personal data.

 

 

The right to be informed

 

You have the right to be told how Only Essex Driving processes your data and the reasons for the processing. In order to provide this information to you, Only Essex Driving has a privacy notice to explain what data we collect about you, how we collect and process it, what we process it for and the lawful basis which permits us to process it. You can obtain a copy of the privacy notice, at no cost, upon request to Only Essex Driving.

 

If Only Essex Driving intends to use data already collected from you for a different reason than that already communicated i.e. for marketing purposes, you will be informed of the new reason in advance and be given the decision to opt-out.

 

The right of access

 

You have the right to access your personal data which is held by Only Essex Driving. More information on this is available in our Subject Access Request policy which is available from Only Essex Driving upon request.

 

The right for data to be corrected

 

One of the fundamental principles underpinning data protection is that the data Only Essex Driving processes about you will be accurate and up to date. You have the right to have your data corrected if it is inaccurate or incomplete.

 

If you wish to have your data rectified, you should do so by getting in touch with us and informing us what data you would like rectified.

 

Only Essex Driving will respond to a data rectification request within one month. Where the data rectification request is complex, then we may extend the timescale for response from one month to three months. If this is the case, we will write to you within one month of receipt of the request explaining the reason for the extension.

 

If the response to your request is that Only Essex Driving will take no action, you will be informed of the reasons for this and of your right to complain to the ICO.

 

Where any data which has been rectified was disclosed to third parties in its unrectified form, Only Essex Driving will inform the third party of the rectification where possible. Only Essex Driving will also inform you of the third parties to whom the data was disclosed.

 

The right to have information deleted

 

You have the right to have your data deleted and removed from any of our systems where there is no compelling business reason for Only Essex Driving to continue to process it.

 

You have a right to have your data deleted in the following circumstances:

 

  • where the personal data is no longer necessary in relation to the purpose for which Only Essex Driving originally collected or processed it.
  • where you have withdrawn your consent to the continued processing of the data and there is no other lawful basis for Only Essex Driving to continue processing the data.
  • where you object to the processing and Only Essex Driving has no overriding legitimate interest to continue the processing.
  • the personal data has been unlawfully processed.
  • the personal data has to be deleted due to a legal obligation..

 

If you wish to make a request for data deletion, then please contact us.

 

Where the data which is to be deleted has been shared with third parties, Only Essex Driving will inform those third parties where this is possible. However, where this notification will cause a disproportionate effect on Only Essex Driving, this notification may not be carried out.

 

The right to restrict the processing of data

 

You have the right to restrict the processing of your data in certain circumstances. Restricting Only Essex Driving from processing your data means that we will continue to hold the data but will stop processing it.

 

Only Essex Driving will be required to restrict the processing of your personal data in the following circumstances:

 

  • where you tell Only Essex Driving that the data it holds on you is not accurate. Where this is the case, we will stop processing the data until we have taken steps to ensure that the data is accurate.
  • when the data has been processed unlawfully.
  • where Only Essex Driving no longer need to process the data but you need the data in relation to a legal claim.

 

If you wish to make a request for data restriction, then please contact us informing us what data you would like to be restricted.

 

Where data processing is restricted, Only Essex Driving will continue to hold the data but will not process it unless:

 

  • you consent to the processing.
  • processing is required in relation to a legal claim.

 

Where the data to be restricted has been shared with third parties, Only Essex Driving will inform those third parties where this is possible. However, where this notification will cause a disproportionate effect on Only Essex Driving, this notification may not be carried out.

 

Where Only Essex Driving is to lift any restriction on processing, you will be informed in advance.

 

The right to data portability

 

You have the right to obtain the data that Only Essex Driving processes on you and use it for your own purposes. This means you have the right to receive the personal data that you have provided to Only Essex Driving in a structured machine-readable format and to transmit the data to a different data controller.

 

This right applies in the following circumstances:

 

  • where you have provided the data to Only Essex Driving
  • where the processing is carried out because you have given Only Essex Driving your consent to do so.
  • where the processing is carried out in order to perform the services between you and Only Essex Driving
  • where processing is carried out by automated means.

 

If you wish to exercise this right, please contact Only Essex Driving.

 

Where a request for data portability is received, Only Essex Driving will respond without undue delay, and within one month at the latest. Where the request is complex or Only Essex Driving receives a number of requests, Only Essex Driving may extend the timescale for response from one month to three months. If this is the case, Only Essex Driving will write to you within one month of receipt of the request explaining the reason for the extension.

 

If the response to your request is that Only Essex Driving will take no action, you will be informed of the reasons for this and of your right to complain to the ICO.

 

The right to portability is different from the right to access. Although both involve a right to access your personal data, the personal data to be accessed is not the same. The right to access your data under the right to portability includes only personal data as described above. Access to data under the right of access includes all personal data relating to you, including that which has not been provided to Only Essex Driving by you.

 

The right to object to the inclusion of data

 

You have a right to object to the processing of your data in certain circumstances. This means that you have the right to require Only Essex Driving to stop processing your data. In relation to your services with Only Essex Driving, you may object to processing where it is carried out:

 

  • in relation to the driving school’s legitimate interests
  • for the performance of a task in the public interest
  • in the exercise of official authority or
  • for profiling purposes.

 

If you wish to object, you should do so by contacting us.

 

Where you object to processing, Only Essex Driving will stop the processing activity objected to unless:

 

  • Only Essex Driving can demonstrate compelling legitimate reasons for the processing which are believed to be more important than your rights

 

or

 

  • the processing is required in relation to legal claims made by, or against, Only Essex Driving.

 

If the response to your request is that Only Essex Driving will take no action, you will be informed of the reasons.

 

Rights in relation to automated decision making

 

 

We currently make decisions about you using automatic system involving no human intervention. You have the right not to have decisions made about you solely on the basis of automated processes where there is no human intervention.

 

If you wish to exercise this right, you should speak to Only Essex Driving.

 

However, we may carry out automated decision making with no human intervention in the following circumstances:

 

  • when it is needed for entering into or the carrying out of a contract with you
  • when the process is permitted by law
  • when you have given explicit consent.
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