1.1 This policy explains how we collect and process personal data. It outlines how we use personal data and your rights as Data Subjects.
2.1 KELVIN TOP-SET LTD (the Company), registered in Scotland with company number SC342121, is committed to protecting your privacy and security. This policy explains how and why we use your personal data, to ensure you remain informed and in control of your information.
2.2 From 1st January 2021, The Company control and processing of personal data will be governed by UK GDPR. The Company will ask its contacts to “opt-in” for marketing communications.
2.3 You can decide not to receive marketing communications or change how we contact you at any time. If you wish to do so please contact us by emailing [email protected], writing to Kelvin TOP-SET Ltd, Annickbank Innovation Campus, Irvine, KA11 4LF, United Kingdom or telephoning +44(0)1475-560007 (Lines open UK 9am – 5pm, Mon – Fri).
2.4We will neversell your personal data, and will only ever share it with organisations we work with where necessary and if its privacy and security are guaranteed. Details of such organisations are included below in this policy.
2.5 Any questions you have in relation to this policy or how we use your personal data should be sent to [email protected].
- About us
3.1 Your personal data (i.e. any information which identifies you, or which can be identified as relating to you personally) will be collected and used by the Company with the primary aim of continuing to deliver market leading products and services.
3.2 The Company is part of a group of companies that includes Dalginross 2 Limited (dormant with no access to personal data), Kelvin TOP-SET International Ltd (dormant with no access to personal data), Kelvin TOP-SET Europe bv, and Kelvin TOP-SET Inc.
3.3 For the purposes of data protection law, The Company will be the controller of your personal data.
- What information we collect
Personal data you provide
4.1 We collect data you provide to us through our booking forms, software and website. This includes information you give when registering with us, placing an order or communicating with us. For example:
4.1.1 personal details (including, your name, job title, date of birth, email, address and post code, telephone and mobile number, company details and signature) when you attend a course or purchase one of our products;
4.1.2 financial information (payment information such as credit/debit card or direct debit details. Please see Section 9 for more information on payment security); and
4.1.3 contact information (including your name, email, company, job title, telephone number and message) when you contact us through our website.
Information created by your involvement with KELVIN TOP-SET LTD
4.2 Your activities and involvement with the Company will result in personal data being created. This could include details of different courses you’ve attended or discussions at exhibitions, etc.
Information from third parties
4.3 We sometimes receive personal data (including name, email, company, company address job title and telephone number) about individuals from third parties at conferences and exhibitions. For example, if we are partnering with another organisation (e.g. you provide your information to another organisation we’re collaborating with on a project). When we receive such personal data we become the controller of it.
4.4 Also, as explained in Section 12 (Cookies and links to other sites), we may use third parties to help us conduct research and analysis on personal data (and this can result in new personal data being created).
4.5 We may collect information from social media, such as LinkedIn and Twitter, including if you post on one of our social media pages.
Special category personal data
4.6 We do not normally collect or store special category personal data (such as information relating to health, beliefs or political affiliation) about delegates and contacts. However, there are some situations where this will occur (e.g. if you have special dietary or access requirements and are attending one of our courses or if you have an accident at our premises) and such special category personal data may be required for legal claim purposes.
4.7 If this does occur, we’ll take extra care to ensure your privacy rights are protected and we will ask for your explicit consent where appropriate.
Health & Safety
4.8 For health & safety, including any incident occurring on our property, at one of our events or involving one of our staff (including Associates) then we’ll keep a record of this (which may include personal data and special category personal data).
- How we use information
5.1 We only use your personal data where it is necessary in order to:
5.1.1 enter into, or perform, a contract with you, such as when you book a course with us, or purchase any of our products;
5.1.2 comply with a legal duty, such as health and safety legislation and tax reporting requirements;
5.1.3 protect your vital interests, such as in the event of an emergency;
5.1.4 for our own (or a third party’s) legitimate interests, provided your rights don’t override these, such as conducting investigations, which may be on behalf of a client, and reports following such investigations and to send communications to you regarding other courses that may be of interest to you following your completion of a course with us. You can object to us using your personal data for such purposes at any time by emailing [email protected], writing to Kelvin TOP-SET Ltd, Annickbank Innovation Campus, Irvine, KA11 4LF, United Kingdom or telephoning +44(0)1475-560007 (Lines open UK 9am – 5pm, Mon – Fri).
5.2 In any event, we’ll only use your information for the purpose or purposes it was collected for (or else for closely related purposes):
5.3 We use personal data to communicate with people, to promote our products and services. This includes keeping you up to date with our news, updates, discussion topics and other topics of interest. For further information on this please see Section 7 (Marketing).
5.4 We only ever use your personal data for marketing purposes with your consent and will ask you to re-consent to such marketing every 2 years.
5.5 We use personal data for administrative purposes (i.e. to deliver our courses). This includes:
5.5.1 maintaining databases of our delegates;
5.5.2 performing our obligations under client contracts;
5.5.3 fulfilling orders for goods or services (whether placed online, over the phone or in person);
5.5.4 helping us respect your choices and preferences (e.g. if you ask not to receive marketing material, we’ll keep a record of this).
Client and user research and profiling
5.6 We evaluate, categorise and profile personal data in order to tailor materials, services and communications (including targeted advertising) and prevent unwanted material from filling up your inbox. This also helps us understand our clients, interested parties, and improve our organisation. Further information on profiling can be found in Section 8 (Research and profiling).
- Disclosing and sharing data
6.1 We will never sell your personal data. If you have opted-in to marketing, we may contact you with information about our carefully selected partners, or third-party products and services, but these communications will always come from The Company and are usually incorporated into our own marketing materials (e.g. advertisements in magazines or newsletters).
6.2 We use marketing companies to assist with our marketing activities, which will have access to your personal data for this purpose only. For example, our newsletter communications are sent using HubSpot, a US-hosted third-party provider, and we have in place a compliant Data Processing Agreement.
6.3 We may share personal data with sub-contractors or suppliers who provide us with services, including:
6.3.1 associates and administrators that deliver our courses and carry out investigations;
6.3.2 courier companies. For example, if you order something from us, your name and address will be shared with the delivery company;
6.3.3 financial companies for the purposes of raising invoices and credit card transactions;
6.3.4 software companies that provide us with IT support; and
6.3.5 investigation clients for the purposes of leading investigations.
6.4 However, these activities will be carried out under a contract which imposes strict requirements on our supplier to keep your information confidential and secure.
6.5 Occasionally, where we partner with other organisations, such as event partners or co-sponsors of events, we may also share information with them, for example, if you register to attend an event being jointly organised by us and another organisation. We’ll only share information when necessary and details will be included on the relevant booking form/confirmation.
7.1 The Company will ask individuals to “opt-in” for most communications. This includes all our marketing communications (the term marketing is broadly defined and, for instance, covers information about courses and The Company) to individuals who have not previously attended one of our courses.
7.2 This means you’ll have the choice as to whether you want to receive these messages and be able to select how you want to receive them (post, phone, email, text).
7.3 You can decide not to receive communications or change how we contact you at any time. If you wish to do so please contact us by emailing [email protected], writing to Kelvin TOP-SET Ltd, Annickbank Innovation Campus, Irvine, KA11 4LF, United Kingdom or telephoning +44(0)1475-560007 (Lines open UK 9am – 5pm, Mon – Fri).
What does ‘marketing’ mean?
7.4 Marketing does not just mean offering things for sale, but also includes news and information about:
7.4.1 recommended industry best practices;
7.4.2 our product updates and upgrades;
7.4.3 events, conferences and exhibitions we are attending;
7.4.4 practical applications for the TOP-SET methodology;
7.4.5 client news items;
7.4.6 annual greetings cards; and
7.4.7 other relevant news and information.
7.5 When you receive a marketing communication, we may collect information about how you respond to or interact with that communication, and this may affect how we communicate with you in future.
7.6 Periodical newsletters are issued to keep people informed about changes within The Company and product offerings. In addition, the newsletters will contain articles relevant to incident investigation and the practical uses for TOP-SET methodology. We send these out to all course delegates and marketing contacts and you can choose to unsubscribe from general marketing communications and/or update your newsletter subscription preference at any time.
- Research and Profiling
8.1 This section explains how and why we use personal data to build profiles which enable us to understand our clients and users, improve our relationship with them, and provide a better client and user experience.
Analysis and grouping
8.2 We analyse our clients and users to determine common characteristics and preferences. We do this by assessing various types of information including behaviour (e.g. previous responses) or demographic information (e.g. job role or location).
8.3 By grouping people together based on common characteristics, we can ensure that group is provided with communications, products, and information which is most important to them. This helps prevent your inbox from filling up and means we aren’t wasting resources on contacting people with information which isn’t relevant to them.
Profiling to help us understand our clients and users
8.4 We profile clients and users in terms companies, location, industrial sector and job roles and spending patterns. For example, we keep track of the amount, frequency and value of each client’s purchase and usage. This information helps us to ensure communications are relevant and timely.
- How we protect data
9.1 We employ a variety of physical and technical measures to keep your data safe and to prevent unauthorised access to, or use or disclosure of your personal information.
9.2 Electronic data and databases are stored on secure computer systems and we control who has access to information (using both physical and electronic means).
9.4 Of course, we cannot guarantee the security of your home computer or the internet, and any online communications (e.g. information provided by email or our website) are at the user’s own risk.
9.5 Some of our premises have CCTV and you may be recorded when you visit them. CCTV is there to help provide security and to protect both you and our employees. CCTV will only be viewed when necessary (e.g. to detect or prevent crime) and footage is only stored temporarily and is overwritten once the hard drive has reached capacity. Unless it is flagged for review CCTV will be recorded over.
9.6 The Company complies with the Information Commissioner’s Office CCTV Code of Practice, and we put up notices so you know when CCTV is in use.
- Data storing
Where we store information
The Company’s operations are based in the UK and we store our data within the United Kingdom. Some organisations which provide services to us may transfer personal data outside of the UK and EEA, but we’ll only allow them to do so if your data is adequately protected. For example, we use HubSpot a US-hosted third-party provider, and we have in place a compliant Data Processing Agreement.
How long we store information
10.1 We will only use and store information for so long as it is required for the purposes it was collected for. How long information will be stored for depends on the information in question and what it is being used for. For example, if you ask us not to send you marketing emails, we will stop sending you emails for marketing purposes, and keep a record of your preference not to be emailed.
10.2 We continually review what information we hold and delete what is no longer required. We never store payment card information.
- Keeping you in control
11.1 We want to ensure you remain in control of your personal data. Part of this is making sure you understand your legal rights, which are as follows:
11.1.1 the right to confirmation as to whether or not we have your personal data and, if we do, to obtain a copy of the personal information we hold (this is known as subject access request);
11.1.2 the right to have your data erased (though this will not apply where it is necessary for us to continue to use the data for a lawful reason);
11.1.3 the right to have inaccurate data rectified;
11.1.4 the right to object to your data being used for marketing or profiling; and
11.1.5 where technically feasible, you have the right to personal data you have provided to us which we process automatically on the basis of your consent or the performance of a contract. This information will be provided in a common electronic format.
11.2 Please keep in mind that there are exceptions to the rights above and, though we will always try to respond to your satisfaction, there may be situations where we are unable to do so.
11.3 If you would like further information on your rights or wish to exercise them, please email [email protected]./p>
11.4 You can complain to The Company about data issues directly by contacting us by using the details set out above.
11.5 If you are not happy with our response, or you believe that your data protection or privacy rights have been infringed, you can complain to the UK Information Commissioner’s Office which regulates and enforces data protection law in the UK. Details of how to do this can be found at ico.org.uk
- Cookies and links to other sites
12.1 Our website uses local storage (such as cookies) to provide you with the best possible experience and to allow you to make use of certain functionality (such as being able to shop online). Further information can be found in our Cookies Policy at kelvintopset.com/cookiepolicy.
Links to other sites
12.2 Our website contains hyperlinks to many other websites. We are not responsible for the content or functionality of any of those external websites (but please let us know if a link is not working by using the ‘Contact’ link at the bottom of the page).
12.4 When purchasing goods or services from any of the businesses that our site links to, you will be entering into a contract with them (agreeing to their terms and conditions) and not with The Company.
This policy has been approved & authorised by:
Name: Brian McConnell
Position: Senior Partner
Date: 16th February 2023
Next review: 31st January 2024