Proclaim Group respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Purpose of this Privacy Policy

This privacy notice aims to give you information on how Proclaim Group collects and processes your personal data through your use of this website as well as when you contact by telephone or email with enquiries.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notices we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements other notices and privacy notices and is not intended to override them.

Controller

This privacy notice is issued on behalf of the Proclaim Group, so that when we mention “Proclaim Group”, “we”, “us” or “our” in this privacy notice, we are referring to Proclaim Care Limited and also Obair Associates Limited.  It is Proclaim Care that operates the website and in most cases will be the data controller.  Depending on the circumstances, we may need to pass your personal data to group company Obair Associates Limited in which case they will be the Data Controller.  

Details of both companies are: Proclaim Care Limited, a company incorporated in Scotland under company number 287770 whose registered office is at Princes Gate, 2nd Floor, Castle Wing, Castle Street, Hamilton, Scotland, ML3 6BU and Obair Associates Limited, a company incorporated in England under company number, 06493194, who registered office is at Suite 208, Britannia House, 1-11 Glenthorne Road, London, England, W6 0LH.

We have appointed a Data Protection Officer (“DPO”) –  Thorntons Law LLP, dataprotection@proclaim-group.co.uk who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out above.

You have the right to make a complaint at any time to the supervisory authority for data protection issues in the UK.

If you would like to contact the UK’s Information Commissioner’s Office directly write to:
The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK95AF.  Telephone: 0303 123 1113.

To email the Information Commissioner’s Office, visit: ico.org.uk/global/contact-us/email

We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority, so please contact us in the first instance.

Changes to the Privacy Notice and Your Duty to Inform Us of Changes

We keep our privacy notice under regular review. This version was last updated in September 2023. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-Party Links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which you provide to us when you contact us by completing our enquiry form online, sign up for our newsletter online, call us, email us or submit our referral form. This includes your name, address, email address, telephone number. We also use CCTV at our Head Office and may capture images of you if you visit us there. We will use this for the following purposes:

• To respond to your enquiry, complaint or referral request. Our lawful basis is that it is in our legitimate interest to use your personal data to respond to your enquiry, complaint or referral request. If you provide us with special category data such as health information about yourself or a third party in the free text boxes on our online form we will take the view that you have consented to our use of this health information for the purposes of handling your enquiry or referral. 
• To send you our newsletter. If you request our newsletter on our website or otherwise, we will view this as your consent to us processing your details to send you our newsletter. 
• CCTV processing is necessary for the purposes of the legitimate interests pursued by Proclaim Care Group with such interest being security of premises, business, visitors and staff.
• We collect certain data via our use of cookies. Please see our cookie notice for information.  

It is in our legitimate interest to understand how users use our website so that we can continually improve it and understand our market better. Where we use non-essential cookies, we will only do so with your consent. 

We may collect additional data if you apply for a job with us via our website. Please see applicant privacy notices available in the Vacancies section of our website.

If You Fail to Provide Personal Data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

Opting Out

You can ask us or third parties to stop sending you our newsletter at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. We will inform you if this happens.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of Your Personal Data

We may share your personal data with the parties set out below 

We may have to share your data with third parties only if necessary for service delivery, including third-party service providers and our subsidiary Obair Associates Limited. We may also share your personal data if we go through a corporate restructure or sell the company.

Which third-party service providers process my personal information

“Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: professional advisors, our managed IT service providers; cloud host providers, Microsoft 365. 

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International Transfers

Any information submitted via the website shall be held in the UK. Any information we collect about you from email or telephone communication will also be held in the UK.

Should we ever need to  transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data. 
• Where we use certain service providers, we may use specific contracts approved for use in the UK and/or EEA which give personal data the same protection it has in the UK and/or the EEA.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK and/or the EEA.

Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see below for details. 

No Fee Usually Required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What We May Need From You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit To Respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

You Have the Right To

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in certain scenarios:
• Request the transfer of your personal data to you or to a third party. Subject to some exceptions, we will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time here we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

Privacy Notice for Training Programmes

Obair Associates Limited (“Obair”) is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this Privacy Notice. Our Data Protection Officer (“DPO”) is Thorntons Law LLP, dataprotection@proclaim-group.co.uk.

The data we collect from you

We will collect, store, and use the following categories of personal information about you when you apply to take part in the training programme:

• Personal contact details such as name, title, address, telephone numbers, and personal email addresses
• Professional qualifications and Job Title, place of work
• CCTV footage
• Dietary and accessibility needs

How is your personal information collected?

We collect personal information about you from yourself when you apply to take part in the training programme. 

How we will use information about you

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

1. Where we need to perform the contract we have entered into with you.
2. Where we need to comply with a legal obligation.
3. Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.
4. In limited circumstances, with your explicit written consent. This mainly relates to the special category data we process about you.

We may also use your personal information where required to protect your vital interests (or someone else’s). Less commonly we may process this type of information where it is needed in relation to legal claims or where you have already made the information public.

The situations in which we will process your personal information are listed below.

Purpose of processing – Reviewing your application to take part in our training programme.
Legal basis – Legitimate Interest in assessing whether you can take part in our training programme.

Purpose of processing – Delivering the training programme to you.
Legal basis – To perform the contract we have entered into with you.

Purpose of processing – Making reasonable adjustments for you so you can take part in the training programme.
Legal basis – Explicit Consent.

Purpose of processing – Understanding your dietary needs so we can provide appropriate food.
Legal basis – Explicit Consent.

Purpose of processing – To increase security of our Office and staff and in particular, the systems and servers it stores via CCTV.
Legal basis – It is necessary for the purposes of the legitimate interests pursued by us with such interest being security of premises, business, visitors and staff.

If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you.

Who we share this data with

We may have to share your data with third parties, including third-party service providers and others within the Proclaim Group. We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

Which third-party service providers process my personal information?

“Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: our managed IT service providers; cloud host providers, Microsoft 365.

When might you share my personal information with other entities in the group?

We will share your personal information with others in the Proclaim Group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data.

What about other third parties?

We may share your personal data with other third parties, for example in the context of the possible restructuring of Proclaim Care or the Proclaim Group. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.

Transferring information to other jurisdictions outside the UK

Most of the personal data we hold about you will be held in the UK. In some cases we will transfer the personal information we collect about you to the EEA – Microsoft, our service provider hold some of our data there. There is an adequacy decision by the UK Government, in respect of the EEA. This means that the EEA to which we transfer your data are deemed to provide an adequate level of protection for your personal information.

How long we retain your data

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

Your rights over your data

Should you need to contact us in respect of your personal rights, please contact the Data Protection Officer.

Under certain circumstances, by law you have the right to:

• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Data Protection Officer. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law. Any withdrawal of consent does not affect the lawfulness of our processing up to the point of withdrawal.

You have the right to complaint to the Information Commissioner’s Office about our processing. www.ico.org.uk

Last Reviewed: May 2024