Lynn Hill Garden Design is committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
The rules on processing of personal data are set out in the General Data Protection Regulation (the “GDPR”).
Data controller - A controller determines the purposes and means of processing personal data.
Data processor - A processor is responsible for processing personal data on behalf of a controller.
Data subject – Natural person
Categories of data: Personal data and special categories of personal data
Personal data - The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.
Special categories personal data - The GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.
Processing - means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Third party - means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
2. Who are we?
Lynn Hill Garden Design is the data controller. This means we decide how your personal data is processed and for what purposes. Our contact details are: Lynn Hill Garden Design Ltd, Stuart House, Eskmills, East Lothian EH21 7PQ email: email@example.com. For all data matters contact Lynn Hill
3. The purpose(s) of processing your personal data
We use your personal data in order to provide you with our services.
We collect identity, contact and profile data in order to register you as a new client, and to fulfill the performance of our contract with you.
Identity, contact and profile data is used to manage our relationship with you. For example to notify you about changes to our terms or policies, or to ask you to leave a review.
We aim to create regular newsletters in the future were identity and contact data would be used to email this to you. We would only use your data in this way with your explicit consent after you have informed us you wish to opt in to receive the newsletter, and you would have the right to withdraw your consent at any time.
4. The categories of personal data concerned
With reference to the categories of personal data described in the definitions section, we process the following categories of your data:
Personal data – your name, address and contact details.
Profile data – your interests and preferences in terms of the style, aesthetics and functioning of how you would like your garden to look and how you would like to use it.
Special categories of data [Health]. In order to provide our services, we will collect information from you relating to how you wish to use your garden. This may sometime include relevant health information, for example to ensure ease of use for wheelchairs. This type of information will be obtained from you and only be processed with your explicit consent in order to ensure our services are relevant to the purpose of the service we are giving to you. You have the right to withdraw your consent to this at any time.
5. What is our legal basis for processing your personal data?
A) Personal data (article 6 of GDPR)
Our lawful basis for processing your general personal data is:
Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract.
Some processing is required in order for us to comply with legal obligations, such as in notifying you of change of terms or policies; to comply with HMRC obligations; or for in the case of any legal claims.
Processing is also required for our legitimate business interests, for example to keep our records updated and to study how clients use our services in order to develop our services and grow our business.
B) Special categories of personal data (article 9 of GDPR)
Our lawful basis for processing your special categories of data is:
Explicit consent of the data subject.
Some information relating to health can be very relevant considerations in the design of a garden (such as wheelchair use). This information is only collected and processed with your explicit consent and you have the right not to divulge this information to us. You also have the right to withdraw your consent to this at any time. Not notifying us of any relevant health information will result in this information not becoming a consideration in the garden design, or other service we provide for you.
More information on lawful processing can be found on the ICO website.
6. Sharing your personal data
Your personal data will be treated as strictly confidential. It will only be shared with others with your explicit consent and will never be sold by us to a third party. An example of when you may wish us to share your personal data may be in order for a contractor to provide you with a quote to build or to provide a product or service for your garden.
7. How long do we keep your personal data?
We keep your personal data for no longer than reasonably necessary, for a period of 7 years in order to meet our obligations to HMRC and in case of any legal claims/complaints.
The designs created by Lynn Hill remain her intellectual property and whilst these will be archived to reflect her body of work and to protect her copyright, the clients names will be removed from these before archiving.
8. Providing us with your personal data
We require your personal data as it is a requirement necessary to enter into a contract.
9. Your rights and your personal data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:
The right to request a copy of the personal data which we hold about you;
The right to request that we correct any personal data if it is found to be inaccurate or out of date;
The right to request your personal data is erased where it is no longer necessary to retain such data;
The right to withdraw your consent to the processing at any time, where ‘consent’ was the lawful basis for processing the information.
The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated means);
The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
The right to object to the processing of personal data, (where applicable i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority); direct marketing and processing for the purposes of scientific/historical research and statistics).
10. Transfer of Data Abroad
We do not transfer personal data outside the EEA
11. Automated Decision Making
We do not use any form of automated decision making in our business.
12. Further processing
If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.
14. How to make a complaint
To exercise all relevant rights, queries or complaints please in the first instance contact Lynn Hill firstname.lastname@example.org or 0131 663 4623
If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.