Markets Service - privacy notice

PN0520
Regeneration and Strategy
CAFM

Calderdale Metropolitan Borough Council of Town Hall, Crossley Street, Halifax, HX1 1UJ is registered with the Information Commissioners Office (ICO) under the provision of the Data Protection Act 2018. The Council takes its responsibilities as Data Controller under the Data Protection Act and UK GDPR very seriously. 

This privacy notice explains how your personal information will be processed by Calderdale Council’s Markets Service in connection with managing all indoor and outdoor markets in Calderdale.

The type of information we will collect

We may collect and use some or all of the following personal information about you depending on whether you are an enquirer, an applicant, a registered trader, or a holder of an occupancy agreement:

• Name, address, telephone number and email address
• Previous address (if you have resided less than 3 years at your current address)
• Date of birth
• Health and/or disabilities information if relevant 
• The type of products you sell/wish to sell and details of business proposals
• Other events or related groups you participate in
• If you have an existing business, information such as how long established, trading address, website, and contact details
• Social media profile addresses for your company/products
• Bank account details
• Credit reference details
• Trade references
• IP address, geographical location, internet service provider and device type if used to access our free Wi-Fi 
• Vehicle registration and insurance certificate number (in respect of outdoor market applications)

Why we collect and hold this information 

Your personal information is required for the following purposes:

• To manage enquiries about market events or stall availability
• To process applications for market stalls and car boot spaces and manage stall allocations
• To check your eligibility to work within the United Kingdom and/or Registration as Food handler/producer.
• To facilitate payments, recover any outstanding payments and make refunds to you
• To ensure that Market standards are maintained (including rules, trading terms and 
• conditions and health & safety legislations to maintain public safety)
• To handle any complaints you have in respect of the Markets service
• To deal with any injuries or accidents which occur whilst present at a Calderdale market in line with our legal responsibilities
• To assess the popularity and use of the free Wi-Fi provided in our markets and how this performs in providing content to you
• For equality and diversity monitoring to help us check whether our policies, services and organisational culture are meeting the needs of our community
• For the prevention and detection of crime or fraud
• To contact you with relevant communications such as news and details of future events and market trading opportunities
• To help us assess the effectiveness of the service and plan and improve future services.

Sharing your personal data

Your information may be shared with the following services/organisations as appropriate:

• Other Council services such as Business Rates, Council Tax, Finance, Benefits and Adults Services
• NAFN (National Anti-Fraud Network) and Land Registry search tools
• The Council’s Security service providers - Gough and Kelly Limited
• Government agencies such as the Home Office, Department for Work and Pensions (DWP), HMRC and the National Fraud Initiative (NFI)
• Trading Standards
• Police and emergency services

This authority is required by law to protect the public funds it administers. It may share information provided to it with other bodies responsible for auditing or administering public funds, or where undertaking a public function, in order to prevent and detect fraud. The Cabinet Office is responsible for carrying out data matching exercises. The use of data by the Cabinet Office in a data matching exercise is carried out with statutory authority under Part 6 of the Local Audit and Accountability Act 2014.

In the event of the Council being contacted by a third party or member of the public in respect of a potential claim against you for personal injury and/or damage to property, the Council may inform the claimant or their authorised agent or solicitor of your full name and address, your insurer’s details, and your insurance policy number.

We will only ever share relevant information about you with third parties where there is a legal basis for us to do so.

The lawful basis for the processing your data

The Calderdale Markets Service is responsible for managing the Council’s Market Rights, and licensing market operators, under legislation including, but not limited to, the following:

• Halifax Market Act 1810
• Markets and Fairs Clauses Act 1847
• Food Act 1984 
• RIDDOR - Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013
• Health and Safety at Work Act 1974

We process personal information and special category data under the following GDPR lawful basis:

• Article 6(1)(b) – the processing is necessary for a contract with you, or to take specific steps before entering into a contract.
• Article 6(1)(c) – for compliance with the legal and statutory duties the Council is subject to under legislation as above
• Article 6(1)(e) – for the performance of our public task
• Article 9(2)(g) – Reasons of substantial public interest (with a basis in law)
• DPA 2018 Schedule 1 Part 2 – 8) Equality of opportunity or treatment

Retaining your personal information

Dependent upon your involvement with the Markets service, your personal information will be kept for a maximum period of 7 years from the final date of contact with the service and will then be securely destroyed.

Your rights

The GDPR provides the following rights for individuals. Not all rights are absolute and therefore will only apply in certain circumstances:

1. The right to be informed
2. The right of access
3. The right to rectification
4. The right to erasure
5. The right to restrict processing
6. The right to data portability
7. The right to object
8. Rights in relation to automated decision making and profiling.

You also have the right to complain to the Data Protection Officer if you feel that your data has not been handled in accordance with the law. The Council’s Data Protection Officer can be contacted at information.management@calderdale.gov.uk

You also have the right to lodge a complaint with the Information Commissioner’s Office at www.ico.org.uk