PRIVACY NOTICE FOR BALFOUR BEATTY Observations Mobile Application
The following Privacy Notice applies to processing of personal data via the Observations Mobile Application by Balfour Beatty entities in the UK and Ireland.
Please note: the separate Privacy Notice below applies to processing of personal data via the Observations Mobile Application by Balfour Beatty entities in the United States of America:
Balfour Beatty Group Limited of 5 Churchill Place, Canary Wharf, London E14 5HU company number: 00101073 Privacy Notice for your use of the Observations Mobile Application.
1. Introduction
This notice sets out the privacy policy of Balfour Beatty Group Limited (“Balfour Beatty or “We”) and/or its Affiliates in connection with the use by Balfour Beatty of personal data you may provide when using the Observations mobile application (“the App”) (“Privacy Notice”).
“Affiliates” means Balfour Beatty Group Limited or any person which is from time to time controlled by Balfour Beatty Group Limited or Balfour Beatty plc and for this purpose a person is controlled or operated by Balfour Beatty Group Limited or Balfour Beatty plc if Balfour Beatty Group Limited or 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.
“App Site” means the Balfour Beatty Mobile Authentication site enabled for use with the App.
“Close Call” means working practices which may lead to an accident or breach of Health & Safety regulations.
“Device” means a mobile or tablet device.
“Good Practice” means working practices which improve safety and reduces the risk of accidents.
“Personal Data” is information which identifies (or which could, with other information that we hold or are likely to hold, identify) a living individual.
Balfour Beatty Group Limited is a “controller” under the UK Data Protection Act 2018, Irish Data Protection Act 2018 and to the extent applicable, the General Data Protection Regulation (“GDPR”) (“Data Protection Laws”). 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 in the United Kingdom and Ireland. An alternative privacy notice applies to use of the App in the United States America.
2.2 The App is to enable Balfour Beatty employees, contractors and/or sub-contractors and where applicable Balfour Beatty authorised third party customers to record information concerning Close Calls or Good Practices. The information will contain, but is not limited to, your name, telephone number, email address, the area of the business you work in, GPS location data (where enabled and consented to by you) and where applicable photographic images identifying you. Photographs can be taken with a Device and the information transmitted back to us via the App and then emailed to relevant departments within Balfour Beatty.
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 Controller is either Balfour Beatty or 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 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 a Close Call or Good Practice or when you report a problem with the App.
- The information you give us may include your name, address, e-mail address and-phone number, the area you work in, your manager’s email address and details regarding the Close Call or Good Practice and any associated photographs including where applicable photographic images identifying you and GPS location data (where enabled and consented to by you).
Information we collect about you and your Device.
Each time you use the App we shall automatically collect:
- information you provide when you populate the Close Call or Good Practice form;
-If you contact us, a record of relevant correspondence; and
-Where enabled and consented to by you, your GPS location data.
4. Legal Basis for Processing
Data Protection Laws require that we meet certain conditions before using your Personal Data as described in this Privacy Notice.
In relation to Personal Data relating to your GPS geo-location data we will only process this data with your express consent and where you have enabled and opted-in to this processing.
For other 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. You acknowledge and agree that in using the App, it is in our legitimate interests to process the above Personal Data provided by you in order for us to:
a) Maintain appropriate records of job photographs on works projects being delivered for auditing, insurance and legal purposes to help evidence Balfour Beatty compliance against project milestones and requirements;
b) Ensure effective and informative reporting to internal management on progress on applicable works projects;
c) Carry out administration and maintenance of the App Site, your App account and access to the App Site;
d) Evidence compliance with regulatory and contractual commitments or to support establishment or defence of potential legal claims in connection with works projects;
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 Group Limited, 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, such as Google Cloud Platform 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 Group Limited 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.
In relation to processing of Personal Data via the App by Balfour Beatty in the United Kingdom and Ireland, Personal Data shall not be transferred to or stored at a destination which is neither within the United Kingdom nor 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 either within the United Kingdom or the EEA in compliance 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 21st December 2020, however, we keep this notice under regular review. Any changes we may make to this Privacy Notice in the future will be posted on the relevant Appstore provider page from which the App is downloaded and, where appropriate, on Balfour Beatty’s portal page for 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 Us
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: hse@balfourbeatty.com.