PRIVACY NOTICE FOR BALFOUR BEATTY PLC Virtually There Mobile Application
Balfour Beatty plc of 5 Churchill Place, Canary Wharf, London E14 5HU company number: 395826 Privacy Notice for your use of the Virtually There Mobile Application.
1. Introduction
This notice sets out the privacy policy of Balfour Beatty plc (“Balfour Beatty or “We”) and/or its Affiliates in connection with the use by Balfour Beatty of personal data on privacy and regulates the use by Balfour Beatty of personal data you may provide when using the Virtually There mobile application (“the App”) (“Privacy Notice”).
The App allows Balfour Beatty employees/sub-contractors or members of the general public with login-in accounts to view 360 degree photographs of Balfour Beatty project sites.
“Affiliates” means Balfour Beatty plc or any person which is from time to time controlled by Balfour Beatty plc and for this purpose a person is controlled or operated by Balfour Beatty plc if Balfour Beatty plc, either directly or through one or more intermediaries, beneficially owns shares (or their equivalent) carrying the majority of votes at a general meeting of shareholders (or its equivalent) of the person.
“Personal Data” is information which identifies (or which could, with other information that we hold or are likely to hold) a living individual
Balfour Beatty plc is registered as a “data controller” under the Data Protection 1998 and has given all appropriate notifications to the Information Commissioner. We are committed to protecting and respecting your privacy. For queries on data protection, please contact Balfour Beatty’s Group Data Protection Officer at Group Data Protection Officer, Balfour Beatty Plc, 5 Churchill Place, Canary Wharf, London, England, E14 5HU or dataprotection@balfourbeatty.com.
2. Scope of the Privacy Notice
2.1 This Privacy Notice (together with our End-User Licence Agreement (EULA) applies to your use of the App.
2.2 The App is intended for use on mobile or tablet devices (“Device”) to enable Balfour Beatty employees, sub-contractors or the general public to view 360 degree photographs of Balfour Beatty project sites.
2.3 This Privacy Notice and any EULA shall apply when you download a copy of the App onto your Device.
2.4 This Privacy Notice regulates how we collect Personal Data from you, or that you provide to us, and how your Personal Data will be processed by us. For the purpose of the Data Protection Laws, the data controller is Balfour Beatty and where the form is submitted to a Balfour Beatty Affiliate, the named Balfour Beatty Affiliate.
3. Information we and the relevant Balfour Beatty Affiliates will collect from you
Personal Data may be collected and processed as follows:
Information you give us (Submitted information)
- You may give us information about you by registering your details on the Balfour Beatty Mobile Authentication site enabled for use with the App (“the App Site”) or by corresponding with us by e-mail. This includes information you provide when you download or register an App, use the App to submit photographs and corresponding information or when you report a problem with the App.
- The information you give us may include your name, login and password and your App account details;
Information we collect about you and your Device.
Each time you use the App we shall automatically collect the following information:
- your username, password and log-in details
- If you contact us, we may keep a record of that correspondence.
4. Legal Basis for Processing
In relation to personal data which is not ‘sensitive personal data’ or ‘special categories of personal data’ under Data Protection Laws, unless otherwise notified, we rely on a condition known as "legitimate interests" in order to process your Personal Data for the above specified purposes. For example, it is in our legitimate interests to process your Personal Data in order to ensure appropriate administration of the App and management and facilitation of requests from users of the App. We will ensure that we keep the amount of data collected and the extent of any processing to a minimum to meet this legitimate interest.
We will ensure that the collection and processing of your Personal Data:
· is kept to a minimum with regards to the amount of data collected and the extent of any processing;
· will not be overly intrusive to you; and
· will be proportionate in order to meet our legitimate interests, as above.
The App is not intended to be used for the uploading and/or processing of ‘sensitive personal data’ or ‘special categories of personal data’ and you should not upload such ‘sensitive personal data’ or ‘special categories of personal data’ to the App Site when using the App.
5. Disclosure of your information
We are part of the Balfour Beatty group and any Affiliate or member of the Group may disclose your Personal Data to another Balfour Beatty Affiliate or member of Balfour Beatty plc or the Balfour Beatty Group. Group means any Balfour Beatty ‘holding company’ or ‘subsidiary’, as defined in section 1159 of the Companies Act 2006.
We will share your Personal Data or information with the Balfour Beatty group of companies and, where relevant, their professional advisers. Where required by law or regulatory requirement, or where necessary to fulfil our contract with you, we may also share your information with:
i) other companies who provide goods/services to us;
ii) our professional advisers and auditors;
iii) regulators, government departments, law enforcement authorities, and insurance companies;
iv) any relevant ombudsman, dispute resolution body or the courts;
v) persons in connection with any sale, merger, acquisition, disposal, reorganisation or similar change in the Balfour Beatty or its relevant Affiliates;
vi) third party providers of data centre and cloud server services where required for the purposes of allowing such third parties to perform functions on our behalf, where required, for the purposes of IT administration, administering the App Site, reporting to customers and/or subcontractors or suppliers on progress on works projects; and
vii) where we are required or permitted to do so by law.
In the event that We sell or buy any business or assets, in which case We may disclose your Personal Data to the prospective seller or buyer of such business or assets.
If Balfour Beatty plc or substantially all of its assets are acquired by a third party, in which case personal data held by it will be one of the transferred assets.
If we are under a duty to disclose or share your Personal Data in order to comply with any legal or regulatory obligation or request or in order to apply the EULA, to investigate potential breaches.
Personal Data shall not be transferred to or stored at a destination outside of the European Economic Area (“EEA”).
6. Where we store your Personal Data
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your data; any data transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We will not collect and store Personal Data of your Device.
All Personal Data you provide to us via the App is stored on systems with appropriate technical and organisational security measures and controls located within the European Economic Area, which are sufficient to comply with the requirements under the Data Protection Laws. We will only store your Personal Data for as long as necessary for Balfour Beatty to process such Personal Data for the purposes set out in this Privacy Notice and in accordance with Balfour Beatty’s internal retention policies and procedures (as updated, and available https://www.balfourbeatty.com/media/317451/hrs-pl-0043-records-management.pdf ).
The accuracy of the information that we hold about you is important to us. If any of the Personal Data we hold about you becomes inaccurate or out of date (e.g. a contact/contact information changes), or you object to or wish to restrict us processing it, please inform us as soon as possible using the contact details below, so we can update our records.
7. Your Rights
If any of the Personal Data that we hold is inaccurate or out of date, please let us know by contacting either of the email addresses in the Contact Us section below.
Under Data Protection Laws you have the following rights in relation to your Personal Data:
· right to access your Personal Data by subject access request;
· right to have your Personal Data rectified if inaccurate/incomplete;
· right to object to direct marketing;
· in certain circumstances, the right:
o to have your data erased or removed, and where the Personal Data has been made public, that other controllers processing the Personal Data also erase links to, or copy or replication of, such Personal Data;
o to restrict the processing of your data;
o of data portability, namely to obtain and reuse your data for your own purposes across different services;
o to not be subjected to automated decision making (including profiling) where it produces a legal effect or a similarly significant effect on you; and
o the right to bring a civil action if there is a breach of the Data Protection Laws.
8. Changes to Privacy Notice
This Privacy Notice is correct as at 1st July 2018, however, we keep this notice under regular review. Any changes we may make to this Privacy Notice in the future will be posted on this page and, where appropriate, notified to you when you next start the App. The updated terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or associated services.
9. Contact
You may contact us in relation to your rights under Data Protection Laws by contacting Balfour Beatty’s Group Data Protection Officer at: dataprotection@balfourbeatty.com.
If you are not happy with the way in which your personal data is held or processed or with our handling of any request by you in relation to your rights, we would request that you raise a complaint with our Data Protection Officer at the contact details above in the first instance, however, you always have the right to complain re: data protection matters to the Information Commissioner Office (ICO). The ICO is the UK's independent body set up to uphold information rights. You can find out more about the ICO on its website (https://ico.org.uk/).
Questions, comments or suggestions in relation to the App should be emailed only to: balfourbeattyukitss@service-now.com.