Trading Standards Checked privacy notice
We keep this privacy notice under regular review and it was last updated on 2 August 2022.
Kent County Council (KCC) 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 and tell you about your privacy rights and how the law protects you.
Who we are
KCC collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the United Kingdom General Data Protection Regulation (‘UK GDPR’) and the Data Protection Act 2018. We are responsible as ‘controller’ of that personal information.
KCC Trading Standards Checked is a fair trader directory for trades in the home maintenance sector run by KCC. Trading Standards Checked carries out checks on traders so customers can have peace of mind when choosing a tradesperson to do work in their home. Trading Standards Checked helps protect Kent residents from criminal and rogue traders, particularly residents who are more vulnerable to doorstep callers. It also supports legitimate businesses by giving them a trusted accreditation that they can use to demonstrate to consumers that they are legitimate and trustworthy.
Our Data Protection Officer is Benjamin Watts.
Personal information we collect and use
Information collected by us
In order for us to promote, administer and manage the Trading Standards Checked scheme, we collect the following personal information when you provide it to us:
| Types of data | Purpose of processing |
|---|---|
| Business name and email address | For registering interest in the scheme/being kept up to date with detail of scheme and receiving business relevant information. Supplying non-members with training and business support documents. |
Business details, contact details, owner name and date of birth, photographic ID and existence of criminal records | Applying for membership including the completion of background and due diligence checks as part of the application process (assessed against predefined criteria for membership) The completion of ad hoc due diligence checks throughout agreement |
| Complainant name and contact details, business name and contact details (if known) | As part of a consumer/member of the public making a complaint about a scheme members Or Where a scheme member is making a complaint about the scheme or a decision for membership |
| Volunteered information of a sensitive nature | As part of a consumer/member of the public making a complaints about a scheme members Or Where a scheme member is making a complaint about the scheme or a decision for membership |
We also obtain personal information from other sources:
- Complaints about you from members of the public using your services
- The existence of any sanctions issued by a Trading Standards Authority.
We recognise that personal information concerning criminal convictions and offences is not special category personal data but is a very sensitive type of personal information which can only be shared in narrow circumstances.
Whilst we do not seek to collect it, we do recognise that as part of the administration and management of the Scheme, we could be provided with special category data from a data subject.
How we use your personal information
We will use your personal information to:
- provide you with information and offers relating to the Trading Standards Checked scheme
- consider and review your application for membership on an annual basis
- complete background and due diligence checks as per the Scheme Membership Criteria
- review complaints, complaint levels and adherence to the scheme terms and conditions.
Reasons we can collect and use your personal information
The lawful basis on which we collect and use your personal data is:
| Purpose of processing | Legal basis for processing |
|---|---|
| For registering to be kept up to date with details of scheme and receiving business relevant information | Processing is completed with the consent of the data subject (Article 6 (1)(a)) |
| Applying for membership including the completion of background and due diligence checks as part of the application process (assessed against predefined criteria for membership) | Processing is necessary to complete the actions, at the request of the data subject, prior to entering into a contract (Article 6 (1)(b)) |
| Ad hoc due diligence checks throughout agreement | Processing is necessary for the performance of a contract to which the data subject is party (Article 6 (1)(b)) Processing is necessary for the completion of a task in the public interest (Article 6 (1)( e)) |
As part of a consumer/member of the public making a complaint about a scheme member Or Where a scheme member is making a complaint about the scheme or a decision for membership | Processing is necessary for the completion of a task in the public interest (Article 6 (1)( e)) |
We rely on the Article 9 condition of substantial public interest (Article 9(2)(g)) as the lawful basis on which we collect and use your special categories of personal data.
We might occasionally need to rely on the processing of special category data for the establishment, exercise or defence of legal claims should we need to take any legal advice.
The provision of the personal information above is required from you to enable us to accept you or your business into our fair trader scheme. As we have a contractual basis for collecting your personal data if you do not provide the necessary personal information and documentation, we may not be able to admit you into the scheme.
How long your personal data will be kept
We will hold your personal information on our secure case management system for up to 1 year after your last request for information about the Scheme, or after your last contact with the Scheme or following the end of your membership.
Who we share your personal information with
Your personal information will not be routinely shared outside of the KCC Public Protection Group. We will share personal information with law enforcement or other authorities if required by applicable law or in connection with legal proceedings.
We may share personal information with our legal and professional advisers in the event of a dispute, complaint or claim. We rely on Article 9(2)(f) where the processing of special category data is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity
Our website provider will, at times, have access to the live portal for updates, maintenance and development purposes.
Where any activity is identified or information which suggests/evidence criminal or unlawful activity, this may be shared for law enforcement purposes which includes the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
Your rights
Under the UK GDPR you have a number of rights which you can access free of charge which allow you to:
- know what we are doing with your information and why we are doing it
- ask to see what information we hold about you
- ask us to correct any mistakes in the information we hold about you
- object to direct marketing
- make a complaint to the Information Commissioners Office.
Depending on our reason for using your information you may also be entitled to:
- object to how we are using your information
- ask us to delete information we hold about you
- have your information transferred electronically to yourself or to another organisation object to decisions being made that significantly affect you
- stop us using your information in certain ways.
We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties. Please note: your request may delay or prevent us delivering a service to you.
For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individuals’ rights under the United Kingdom General Data Protection Regulation.
If you would like to exercise a right, please contact the Information Resilience and Transparency Team at data.protection@kent.gov.uk.
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Who to contact
Please contact the Information Resilience and Transparency Team at data.protection@kent.gov.uk to exercise any of your rights, or if you have a complaint about why your information has been collected, how it has been used or how long we have kept it for.
You can contact our Data Protection Officer, Benjamin Watts, at dpo@kent.gov.uk.
The United Kingdom General Data Protection Regulation also gives you the right to lodge a complaint with the Information Commissioner who may be contacted via telephone 0303 123 1113.
Read our corporate privacy statement.