Data Protection Policy and Privacy Notice

DATA PROTECTION POLICY

Purpose

Evoke Telecom Services Ltd (‘Evoke’) is committed to being transparent about how it collects and uses personal data, and to meeting its data protection obligations. This policy sets out Evoke’s commitment to data protection, and individual rights and obligations in relation to personal data.

Evoke has appointed David Wardell as its data protection officer. His role is to inform and advise Evoke on its data protection obligations. He/she can be contacted at [email protected]. Questions about this policy, or requests for further information, should be directed to the data protection officer.

Data protection principles

“Personal data” is any information that relates to an individual who can be identified from that information. Processing is any use that is made of data, including collecting, storing, amending, disclosing or destroying it.

Evoke processes personal data in accordance with the following data protection principles:

• Evoke processes personal data lawfully, fairly and in a transparent manner.
• Evoke collects personal data only for specified, explicit and legitimate purposes.
• Evoke processes personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing.
• Evoke keeps accurate personal data and takes all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay.
• Evoke keeps personal data only for the period necessary for processing.
• Evoke adopts appropriate measures to make sure that personal data is secure, and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage.

Evoke tells individuals the reasons for processing their personal data, how it uses such data and the legal basis for processing in its privacy notice (see below). It will not process personal data of individuals for other reasons.

Where Evoke processes special categories of personal data or criminal records data to perform obligations or to exercise rights in employment law, this is done in accordance with a policy on special categories of data and criminal records data.

Evoke will update personal data promptly if an individual advises that his/her information has changed or is inaccurate.

Evoke keeps a record of its processing activities in respect of personal data in accordance with the requirements of the General Data Protection Regulation (GDPR).

Individual rights

As a data subject, individuals have a number of rights in relation to their personal data.

Subject access requests

Individuals have the right to make a subject access request. If an individual makes a subject access request, Evoke will tell him/her:

• whether or not his/her data is processed and if so why, the categories of personal data concerned and the source of the data if it is not collected from the individual;
• to whom his/her data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers;
• for how long his/her personal data is stored (or how that period is decided);
• his/her rights to rectification or erasure of data, or to restrict or object to processing;
• his/her right to complain to the Information Commissioner if he/she thinks Evoke has failed to comply with his/her data protection rights; and
• whether or not Evoke carries out automated decision-making and the logic involved in any such decision-making.

Evoke will also provide the individual with a copy of the personal data undergoing processing. This will normally be in electronic form if the individual has made a request electronically, unless he/she agrees otherwise.

If the individual wants additional copies, Evoke will charge a fee, which will be based on the administrative cost to Evoke of providing the additional copies.

To make a subject access request, the individual should send the request to [email protected]. In some cases, Evoke may need to ask for proof of identification before the request can be processed. Evoke will inform the individual if it needs to verify his/her identity and the documents it requires.

Evoke will normally respond to a request within a period of one month from the date it is received. In some cases, such as where Evoke processes large amounts of the individual’s data, it may respond within three months of the date the request is received. Evoke will write to the individual within one month of receiving the original request to tell him/her if this is the case.

If a subject access request is manifestly unfounded or excessive, Evoke is not obliged to comply with it. Alternatively, Evoke can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request. A subject access request is likely to be manifestly unfounded or excessive where it repeats a request to which Evoke has already responded. If an individual submits a request that is unfounded or excessive, Evoke will notify him/her that this is the case and whether or not it will respond to it.

Other rights

Individuals have a number of other rights in relation to their personal data. They can require Evoke to:

• rectify inaccurate data;
• stop processing or erase data that is no longer necessary for the purposes of processing;
• stop processing or erase data if the individual’s interests override Evoke’s legitimate grounds for processing data (where Evoke relies on its legitimate interests as a reason for processing data);
• stop processing or erase data if processing is unlawful; and
• stop processing data for a period if data is inaccurate or if there is a dispute about whether or not the individual’s interests override Evoke’s legitimate grounds for processing data.

To ask Evoke to take any of these steps, the individual should send the request to [email protected].

Data security

Evoke takes the security of personal data seriously. Evoke has internal policies and controls in place to protect personal data against loss, accidental destruction, misuse or disclosure, and to ensure that data is not accessed, except by employees in the proper performance of their duties.

Where Evoke engages third parties to process personal data on its behalf, such parties do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical to ensure the security of data.

Data breaches

If Evoke discovers that there has been a breach of personal data that poses a risk to the rights and freedoms of individuals, it will report it to the Information Commissioner within 72 hours of discovery. Evoke will record all data breaches regardless of their effect.

If the breach is likely to result in a high risk to the rights and freedoms of individuals, it will tell affected individuals that there has been a breach and provide them with information about its likely consequences and the mitigation measures it has taken.

International data transfers

Evoke will not transfer personal data to countries outside the EEA without the individual’s permission.

Individual responsibilities

Individuals are responsible for helping Evoke keep their personal data up to date. Individuals should let Evoke know if data provided to Evoke changes, for example if an individual moves address or changes their contact information.

Training

Evoke will provide training to all individuals about their data protection responsibilities as part of the induction process and at regular intervals thereafter.

Individuals whose roles require regular access to personal data, or who are responsible for implementing this policy or responding to subject access requests under this policy, will receive additional training to help them understand their duties and how to comply with them.

PRIVACY NOTICE

This notice explains how we collect and process your personal data.

Lawful basis for processing

We process your data on the basis of:

Consent: where you have given clear consent for us to process your personal data for a specific purpose (such as signing up to our newsletter)

Contract: where the processing is necessary for a contract we have with you, or because you have asked us to take specific steps before entering into a contract.

Legal obligation: where the processing is necessary for us to comply with the law (such as tax and VAT obligations).

Legitimate interests: where the processing is necessary for our legitimate interests including understanding how clients use our services, developing our website and services, keeping our website relevant, driving our marketing strategy and growing the company.

Website visitors

When you visit our website, we use cookies to collect anonymous information about your usage of the website to help us understand how well the website is performing and to help us make decisions about website development. A cookie is a small piece of text sent to your browser by a website you visit. It helps the website to remember information about your visit, like your preferred language and other settings. That can make your next visit easier and the site more useful to you. Our website uses the following cookies:

Cookies are stored on your computer. They do not allow us to access your computer or personal information. We cannot delete your cookies but you can disable them. Click here to find out how to manage and delete cookies yourself.

Enquiries

When you contact us to make an enquiry, we will ask you for your:

• contact name
• business name
• business address
• email address
• business telephone number
• details of your situation and requirements

This may be collected by email, phone or website enquiry form, depending on how you choose to contact us and which contact information you provide to us.

We collect this data to allow us to respond to your enquiry, advise you on appropriate services and provide a quotation for the services.

NEWSLETTER: We use data to provide a monthly newsletter which contains information about services that may help our contacts, case studies, business articles and marketing information such as special offers.

UPDATES : We occasionally make contacts aware of legislature changes that will affect their business or services directly. In addition, we occasionally update contacts on service or product improvements which could positively improve their business services – e.g. an increase in available broadband speeds in their area.

OFFERS: We occasionally make contacts aware of special offers in relation to Evoke’s products and services that may be relevant to their business.

‘How you can opt out’ is as for ‘Customers’ below.

Customers

The data we collect

When you request to enter into a contractual relationship with us, we will ask for your:

• contact name
• business name
• business address
• email address
• business telephone number
• company registration number and VAT registered number
• details of your situation and requirements

In addition we will ask you to complete an authorised contacts list which requests:

• authorised contact names
• authorised contact emails
• authorised contact phone numbers
• your choice of personal password for each authorised contact

How we collect the data

Initial information about you will be collected through email, web enquiry forms, telephone calls or via completion of a customer’s ‘Approved Contacts Form’.

What we need the data for and how it is used

The information gathered is used to:

• respond to your enquiry
• provide information about available services
• provide a quote for suitable services
• draw up a contract for the provision of services
• arrange for the delivery of the services
• contact you about your order

We use company specific information to credit check new clients or to establish ongoing credit status.

Where an order is placed, we use the data to raise invoices, credit notes and to chase outstanding payments.

We occasionally contact customers where one of our service providers has made changes to their service, experiences a service interruption or has enhanced existing business service provision within existing contract terms.

The authorised contacts list secures access to enable changes to company services. We will not accept instructions from customers to change services unless they are an authorised contact and can provide their given security password.

NEWSLETTER: We use data to provide a monthly newsletter which contains information about services that may help our customers, case studies, business articles and marketing information such as special offers.

UPDATES : We occasionally make customers aware of legislature changes that will affect their business or services directly. In addition, we occasionally update customers on service or product improvements which could positively improve their business services – e.g. an increase in available broadband speeds in their area.

OFFERS: We occasionally make customers aware of special offers in relation to Evoke’s products and services that may be relevant to their business.

Who we share the data with

Where you have requested to enter into a contract for services with us, we share your order details with our billing and engineer teams at NT Voice and Data Solutions Ltd and NT Independent Networks Ltd. This is necessary for us to fulfil your order and provide the services.

We will share your company details with a credit referencing agency to credit check new clients or establish ongoing credit status.

In addition we share some of your order details with our product suppliers for delivery purposes.

We have taken all reasonable steps to ensure that these third parties are complying with the same obligations as regards to Data Protection and Privacy as Evoke.

How long we keep the data for

We retain business data for a minimum of 7 years to enable us to comply with our VAT and tax obligations.

Where you have opted into receiving the newsletter and updates, we retain your contact data until you opt out.

All other data will be stored electronically for up to 3 years to allow us to monitor and analyse our business performance.

How you can opt out

You can update your preferences or opt out at any time by clicking the ‘Update your preferences’ link in any email you receive or by emailing [email protected].

For other rights, please see ‘Your rights’ under our Data Protection Policy above.

Social media

If you contact us via social media, we may respond with general information about our company or services. We will not discuss specific orders through social media as we consider this to be a security risk. We will provide you with an email address or phone number for you to contact us directly outside of the social media platform.

If you send us a private message through a social media account, this message will be stored by the Social Media site that you have used. Contacts should be aware that the data they send through social media platforms is outside of Evoke’s data managed platforms and therefore subject to the platform’s own Data Protection and Privacy policies.

Recruitment

We do not request CVs – however, sometimes candidates or agencies will send these to us speculatively. We immediately delete these CVs and the contact will be informed with the ability to communicate via LinkedIn. Contacts should be aware that the data they send through the LinkedIn platform is outside of Evoke’s data managed platforms and therefore subject to LinkedIn’s own Data Protection and Privacy policies.

Policy last updated: 29th May 2018