Commissioning and procurement

Privacy Notice

This privacy notice explains how we process your personal data when you interact with us and information about your rights under data protection legislation.

We reserve the right to update this privacy notice. Changes apply as soon as they are published. We recommend that you visit this page regularly to find out about any updates that may have been made.

This should be read in conjunction with the main privacy notice

Who we are

We are Swale Borough Council. We are the “data controller”. This means that we are responsible for deciding how we hold and use your personal data.

Address

Phone 01795 417850

You can find us in the Information Commissioner’s register of organisations who have paid the data controller fee. Our reference number is Z7353758.

What Service is being provided

• Preliminary Market Engagement
• Quotation and Tender processes for contracts.
• Maintenance of the contract register
• Expression of Interest / Request for Proposal processes for Leases and Licences
• Procurement workshops

How we collect information from you

We collect information from you when you:

• Via the ProContract or Find a Tender systems
• Attend procurement workshops
• Visit Swale.Gov.uk
• Contact us in writing
• Speak to us on the phone, email or any other type of electronic communication
• Talk to us face to face

What personal information do we collect from you

• Name
• Address
• Phone Number
• Email address
• Finance
• Employment

Special types of personal information collected

• Criminal background
• Court proceedings

Why do we collect this information

We use your personal data to:

• Provide you with procurement services.
• Retain a record so we can audit, and quality assure our services, and to inform decision-making about our services.
• Plan and manage our services and to meet the requirements of external regulators.
• to keep visitors and staff safe and secure, we use CCTV at our premises.

We also use cookies and other analytic technologies to give you a better experience on our website and to improve the relevance of online advertising you see. For more information, please see our Cookie Notice.

How the law allows us to use your personal information

Under data protection law, UK GDPR Article 6(1), there are lawful bases that allow us to collect, process and share personal information. The lawful basis for processing your information for the outlined purpose is:

Article 6(1)(c), processing is necessary to comply with a legal obligation placed on us as the data controller.

Article 6 (1) (b) processing is necessary for the performance of a contract

Preliminary Market engagement only:

Article 6(1) (a) consent has been provided for processing for a specific purpose

Our lawful basis to capture CCTV images of members of the public is public interest.

How the law allows us to use your personal information - Special Category

Article 9(2)(g)

substantial public interest

Substantial public interest conditions relating to potential criminal data:

Para 6 Schedule 1 Data protection act 2018 - the exercise of a function conferred on a person by an enactment or rule of law;

And/or

Para 11 schedule 1 data protection act 2018 – protecting the public against dishonesty and Para 12 schedule 1 – Regulatory requirements relating to unlawful acts and dishonesty etc.

Who will we share this information with

Successful suppliers will be published on the contract register, available on the Swale Borough Council Website.

Your personal data will only be shared with other organisations, when necessary, if the law allows us, and we always aim to share the minimal data as is necessary.

We share your personal data with the following parties where it is necessary for us to do so:

• Lead officer
• evaluation panel
• Community Safety Unit (Safeguarding)
• Relevant head of service
• MKS Internal Audit and MKS Legal Services.
• Suppliers
• Audit

In the case of joint procurements - other authorities and other external stakeholders.

We may also share personal data with anti-fraud, law enforcement agencies, for prevention or detection of crime/fraud or other legal obligation.

How long will we keep your information for

Your personal data, along with all information provided throughout the procurement process, is securely retained for a period of three years or the duration of the relevant contract, which ever is longest.

If you are awarded the contract, your personal data, along with all tender-related information, will become part of the contract and will be retained for a period of six years (if executed underhand) or twelve years (if executed as a Deed) following the contract’s expiration.

Storing your personal data

The council stores your personal data in the UK. We do not transfer your personal data to any other countries including countries in the EU and EEA (European Economic Area).

Third parties may transfer your personal data outside the UK. Please refer to their privacy notices for more details.

Privacy notice - Find a Tender - GOV.UK

Marketing (If applicable)

The Council may undertake Preliminary Market Engagement before undertaking a procurement process. This may involve interacting with suppliers and collecting information in order to gain insights and to inform specification development.

Your rights

• Right to be informed – You have the right to be informed about the collection and use of their personal information.
• The Right of Access – you can request copies of any of your personal information that is held by the Council.
• The Right to Rectification – you can ask us to correct any incorrect information.
• Right to Erasure – 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.
• Right to object or restrict processing – you have the right to object to how your information is being used and how it is going to be used in the future.
• Right to Portability – you can ask us to transfer your personal information to different services or to you.
• 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 you can access information held about you

By law, you have rights as a data subject, such as the rights detailed above. These rights are not absolute, but if you would like to exercise your rights or make a complaint regarding how your information is used, you should contact the Data Protection Officer at:

Email: DataProtectionOfficer@Swale.gov.uk

There is no charge for you to exercise your rights. We may refuse your request or make a reasonable charge if your request is manifestly unfounded or excessive.

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

FOI Compliance Team (complaints)
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Phone 0303 123 1113

Email: casework@ico.org.uk

Website: https://ico.org.uk/

Your Obligations

It is important that you tell us if your personal data changes while you are using our services. This will mean that the data we hold about you is kept up to date and accurate.