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Privacy

Privacy

Prospect is committed to protecting your privacy and complying with our obligations under the GDPR and Data Protection Act 2018.

Data Controller

In accordance with guidance issued by the Information Commissioner’s Office (ICO), Prospect is a “data controller” for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data. It is possible that in some circumstances other professional advisers may be considered to be data controllers.  This might include the Union’s auditor or legal advisers. Prospect can be contacted as follows:

Prospect, New Prospect House, 8 Leake Street, London. SE1 7NN
Email: datacompliance@prospect.org.uk
Telephone: 0300 600 1878

Data Protection Compliance Officer

The nominated Data Protection Compliance Officer (DPCO) for Prospect is Tracey Hunt and can be contacted at the address above. The DPCO is responsible (among other duties) for informing and advising the union of their obligations to comply with the GDPR and to be the first point of contact if you have any questions in relation to Data Protection.

Privacy Policy

When you become a Prospect member or use Prospect services, you trust us with your information. Our Privacy Policy explains what data we collect, why we collect it and what we do with it.

Prospect will only ever use data to try and provide the best possible service to members and users. We will never use or share your data without your permission. From time to time we may update this policy, or change the providers and partners that we work with. We encourage you to check our policy regularly if you would like to know about any updates. You can contact us at any time to ask how your data is used, or to change your data preferences.

This Privacy Policy explains:

  • What information we collect and why we collect it.

  • How we use that information.

  • The choices we offer, including how to access and update information.

It is divided into five sections:

A: Overview of our approach to privacy, data use and your rights

B: Privacy for Prospect members

C: Privacy for non-members who engage with our services

D: Use of trusted partners

E: How to withdraw your consent or make a complaint

A: Overview of our approach to privacy and data use

Information we collect

Prospect collects information to provide better services to its members and prospective members.

We collect information in three main ways:

  1. The information you give us. To become a Prospect member you need to provide us with a certain amount of personal information, including (but not limited to) your name, email address, telephone number, employer, salary information and payment details. If you’re not a member but you attend a Prospect event, get involved in a Prospect campaign, sign up to an email newsletter, submit a general enquiry or partially complete an application form, you may also provide us with personal information. We will clearly ask for your permission when we collect any personal data.

  2. Information we get from your use of our services. We collect information about the services you use and how you use them, e.g. when you browse our website, open one of our emails or attend a training course.

  3. Information we get from your employer. For some Prospect members, we receive information directly from your employer, such as your salary information. You will be informed of this when you sign up to become a Prospect member.

How we use the information we collect

We use this information to provide, maintain, protect and improve our services, to develop new services and to enhance your experience as a Prospect member or service user.

The way we use your data depends on how you are interacting with Prospect. Choose from the following options to read more about how we use your data:

We will seek your explicit consent before processing your data for any purpose not outlined in this privacy policy.

Transparency and choice

Our commitment is to give you a choice about how your data is used wherever it is reasonable to do so, and to be transparent with you about how and why we are using your data. For example, you can:

If you choose not to give personal information

There is some information we must collect to meet our trade union obligations and provide you with the services and support that are part of your membership arrangement with us. For example, you cannot be a Prospect member if we are unable to collect and process a certain amount of your personal information as this may mean that we cannot provide you with a service under membership We will notify you if your choice not to give personal information to us would result in a delay or prevent us from meeting our trade union obligations.

Accessing and updating your personal information

We encourage you to regularly check that the information we hold about you is correct. If you are a Prospect member, you have the right to check the information we hold about you. If that information is wrong, please contact us so that we can update it quickly or delete it – unless we have to keep that information for legitimate business or legal purposes.

We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

Information we share

We do not share personal information with companies, organisations and individuals outside of Prospect unless one of the following circumstances applies:

  • With your consent

We will share personal information with companies, organisations or individuals outside Prospect when we have your explicit consent to do so. We require opt-in consent for the sharing of any sensitive personal information.

  • For external processing

We provide personal information to our partners or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. You can see more about the trusted partners who process data for Prospect below. This may be updated from time to time.

  • For legal reasons

We will share personal information with companies, organisations or individuals outside Prospect if we believe in good faith that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process or enforceable governmental request, enforce applicable Terms of Service, including investigation of potential violations, detect, prevent or otherwise address fraud, security or technical issues, protect against harm to the rights, property or safety of Prospect, our members or the public, as required or permitted by law.

We may share non-personally identifiable information publicly and with our partners – like government bodies, advertisers or connected sites. For example, we may publish statistical information to show trends or try to influence government policy for the benefit of our members.

Your rights as a data subject

These are your rights as the data subject at any point while we are in possession of or processing your personal data:

  • Right of access – you can request a copy of the information we hold about you. Once we have received your request we will respond to you within 30 days.

  • Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.

  • Right to erasure – in certain circumstances, you can ask for personal information we hold about you to be erased from our records. If you request this we will tell you if it is possible to delete the information or if we have a legal obligation to retain it.

  • Restriction of processing – where certain conditions apply you can ask us to restrict the use of your personal information if it:

    • is not accurate

    • has been used unlawfully but you don’t want us to delete it

    • is not relevant anymore, but you want us to keep it for legal claims.

  • Right to portability – you can get a copy of the data we hold about you in a format that can easily be re-used and ask us to transfer (where feasible) your personal information to another organisation.

  • Right to object – you can object to certain types of processing such as direct marketing.

  • Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.

  • Right to judicial review - if you are not satisfied with our response or believe we are not processing your personal information in accordance with the law, you can complain to the Information Commissioners Office (ICO).

  • Right to be notified of data breach – you have the right to be notified of a data security breach concerning your personal data.

For more information about your data rights under the law:

If at any time you wish to exercise your right to see the data held about you, wish to update or remove your details, or have any other queries, please contact

  • our Data Protection Compliance Officer at datacompliance@prospect.org.uk. Please note that we will need to verify your identity in relation to your request.

B: Privacy for Prospect members

This section of the Privacy Policy applies to individuals who have entered into a membership agreement with Prospect. The contents of this section include:

  1. How the law protects you
  2. Standard data we collect from Prospect members

  3. Additional data we collect from Prospect members

  4. How Prospect communicates with you as a member

  5. How to find out what data Prospect holds about you as a member

  6. How to update your data

  7. Members’ equality data

  8. How to make a complaint about data or privacy

How the law protects you

Your privacy is protected by law, which says we can use your personal information only if we have a proper reason to do so. The GDPR provides explicit protection for trade unions to operate their membership data in respect of trade union membership. These are the reasons why we may use your personal information:

  • In the course of our legitimate trade union core activities;

  • When we are subject to a legal requirement e.g. ballots;

  • For the establishment, exercise or defence of legal claims;

  • For the purpose of a task carried out in the public interest or in the exercise of an official authority;

  • For the purposes of preventive or occupational medicine e.g. to protect the work of trade union representatives;

  • When it is in our legitimate interests;

  • To fulfil a contract with you e.g. training and certification and to retain the register of qualifications;

  • When you consent to it.

You can download a more detailed description of the lawfulness of our processing of data here.

Standard data we collect from Prospect members

When you join Prospect, we will ask you for the information contained in the table below. You can see in this table how we use the data, how long we keep it for, who has access to it, our reason for using it, whether it is shared with a business partner (and why) and whether it is optional.

 

Data

What does Prospect use it for?

How long do Prospect keep it?

Who has access to it?

Is it shared with a business partner?

 

Can a member opt out of this data?

Our reason for processing

Your contact details

 

Your contact details are used to identify you in our membership records, to communicate with you and to manage our relationship with you.

Throughout the length of your membership, and for the legally required minimum afterwards. (Click here to read about the legal requirements for keeping your details, for example, if we have supported a legal case on your behalf.) Note if your membership has lapsed but you have not resigned from membership, we may email you for up to 3 months after the lapse of your membership.

Prospect staff, and elected representatives in your Prospect member branch

Yes. For example, Prospect shares your name and address with the mailing house who send out printed publications to members.

No. You must provide legitimate contact details to Prospect to be a member, but you can amend or change the details we hold.

Our Legitimate Activities

 

 

 

 

 

Your ‘personal’ details (gender, date of birth etc.)

 

 

 

This information is used to identify you, and for statistical or segmentation purposes, e.g. To communicate specifically with women over 50 on a particular issue affecting their pensions.

Prospect staff.

No. These details are not shared unless there is a specific reason to do so, for example, Prospect is supporting you in a legal case and the court needs your date of birth. If this occurs, you will be asked for your permission to share the additional data at that time.

No. You must provide legitimate identification details to Prospect to be a member, but you can amend or change the details we hold. You can also amend your communication preferences at any time.

Our Legitimate Activities

Information about your employer and your job

 

To accurately identify the subscription level you should be paying, to communicate with you about your job and industry, and for research and campaigning purposes.

Prospect staff, and elected representatives in your Prospect member branch

 

No. To ensure you are paying the correct subscription level, Prospect needs to know a certain amount of information about your job and employer.

Our Legitimate Activities

Your payment details (payment method; if DD, we hold sort code, account number and bank reference)

 

To enable the collection of your subscription payments and administer payments relating to subscription.

Only a limited number of Prospect staff who are involved in the administration, authorisation or collection of subscription payments.

Your payment details are only shared with the bank that processes these payments. All payment processes comply with strict security measures.

No. Prospect needs to be able to process your subscription payments.

Fulfilling Contracts

 

Our Legal Obligation

 

Our Legitimate Activities

  

Additional data we collect from Prospect members

In addition to the data you provide when you join Prospect, we may collect other information throughout your time as a member, depending on the services you engage with. We will always ask you for consent for any use of your data that is not required to provide the basic membership service. Examples of additional data we collect, and when we collect it, are outlined below. If you have any concern about the data we are collecting, and its purpose, please contact us.

 

Activity

Additional data

Why do we collect it?

Who has access to it?

How long do we keep it?

Is it shared with a business partner?

 

Our reason for processing?

When a member contacts the Member Contact Centre (MCC).

The MCC will ask for additional information to assist the member with their query or issue. This data may then be stored against the members record.

Collecting this data allows us to better support you as an individual member. It also allows us to identify and act on trends so we support our overall membership.

Prospect staff.

All advice and support files are kept in line with our retention schedule.

This information will only be explicitly shared with a business partner where we have sought your permission, for example where additional advice is needed from an external lawyer. Some trusted partners may be able to access this information during routine software maintenance or security checks (for example). These processes are managed with strict security.

Our Legitimate Activities

 

Or Legal Duty

Speak to a Prospect representative

If you ask a Prospect representative a question about your rights or employment, they may need additional personal information to be able to answer your question accurately.

Collecting this data will allow a representative to help you at work. It may also help them identify trends or issues in the workplace.

Prospect staff and trained representatives.

Prospect representatives are trained to destroy closed case files after:

6 years – equal pay cases

7 years – employment-related cases

7 years – personal injury cases

12 years – industrial disease.

No

Our Legitimate Activities

 

Our Legal Duty

Commence a personal case with Prospect support

If you commence a personal case, Prospect may require detailed information about your case, as well as copies of emails or documentation.

Prospect is unable to run an effective personal case for you without a certain level of additional information.

Prospect staff or Prospect representative (dependent on the case) and in some cases, experts who have been hired to support the case.

All advice and support files are kept in line with our retention schedule.

Yes – in some instances this information may be shared with external lawyers. Your permission will be sought before this occurs.

Our Legal Duty

Seek legal advice (external)

If you seek legal advice via Prospect’s trusted solicitors, they may require personal information and documents to be able to assist.

Prospect’s solicitors will require a certain level of information in order to be able to accurately assist you.

Prospect staff and Prospect’s solicitors.

All advice and support files are kept in line with our retention schedule.

Yes, this information will be shared with our trusted Solicitors.

Our Legal Duty

 

Your  Consent

Attend a Prospect training session or event

You may be required to provide additional information, contact details, or work details.

We may need extra information to be able to tailor or prepare an effective training session, or improve our training for the future.

Prospect staff.

This information is retained in our membership system for the duration of your membership, to allow us to track which training courses you have attended.

Yes. Your information may be shared with trusted providers for the purpose of providing training and certification, provide contracts, booking hotel accommodation and ensuring we provide to your dietary requirements. This information destroyed after event date.

To retain the register of qualifications.

 

Fulfiling Contracts

or

Vital interests

Visit the Prospect website

When visiting or logging into the Prospect website, additional details are captured digitally. You can see the full list of these on our website cookies page.

We collect additional data on our website in order to make it work effectively and to continuously monitor and improve our website’s functionality and performance.

Please see our website cookies page for this information. It also informs you as to how you can make certain choices about the data we collect when you visit our website.

N/A

Feature in a news story, publication, promotion or photograph

If we would like you to be named, quoted or have a photograph shared publicly, we will ask for your explicit consent.

Promoting the work of Prospect and the interests of our members helps make Prospect a successful organisation that delivers UK-wide results for our members.

These may be public, but only with your explicit consent.

Public, therefore no time limit

Public

Your Consent

 

How Prospect communicates with you as a member

Communicating with you as a member is an essential function of Prospect as a trade union. We need to communicate to carry out our purpose and objectives. Wherever possible, we aim to give you options about how we communicate with you and the ability to opt-out of unwanted communications. But there are some communications that are not optional if you choose to be a Prospect member. Examples of how and when we communicate with you are listed below:

 

Type of information

How we communicate it

Can you opt out?

Can you amend or update your contact details or preferences?

Our lawful reason for processing?

Information about your individual membership, for example, subscription updates or direct debit renewals.

This information is usually sent by post or email, although we may phone you, for example, if there is an issue with your direct debit.

No. By being a Prospect member you consent to us contacting you about the details of your membership.

You can update your phone number, email address or mailing address, or let us know how you prefer us to contact you, by logging into the website, emailing us, or phoning our member contact centre.

Legitimate Activities

Information about your branch or workplace

This information is usually provided by email or post.

No. Prospect is unable to support and represent you in the workplace if we cannot communicate with you about local industrial issues.

You can update your email address or mailing address, or let us know how you prefer us to contact you, by logging into the website, emailing us, or phoning our member contact centre.

Legitimate Activities

Information about ballots, votes and elections

This information is usually provided by email or post.

No. Prospect is unable to support and represent you in the workplace if we cannot communicate with you about relevant ballots, votes or elections. For some elections, it is a statutory requirement that we sent you a postal vote.

You can update your email address or mailing address by logging into the website, emailing us, or phoning our member contact centre.

Our Legal Duty

Information about your sector or industry

This information is usually provided by email or post.

Yes. If you would not like to receive information specifically about your sector or industry, you can choose to restrict this communication. You may still receive information about your industry that is specifically relevant to your workplace issues or negotiations. To opt out of general sector/industry-wide information, amend your communication preferences here (you will need to log in).

Legitimate Activities

Information about training or development opportunities

This information is usually provided by email or post.

Yes. If you would not like to receive information specifically about your sector or industry, you can choose to restrict this communication. You may still receive information about your industry that is specifically relevant to your workplace issues or negotiations. To opt out of general sector/industry-wide information, amend your communication preferences here (you will need to log in.

Fulfilling Contracts or

Vital interests

Information about Prospect’s campaign or lobbying work

This information is usually provided by email or post.

Yes. If you would not like to receive information specifically about Prospect’s campaign work, you can choose to restrict this communication. You may still receive information about campaigns that are specifically relevant to your workplace issues or negotiations. To opt out of general campaign information, amend your communication preferences here (you will need to log in).

Legitimate Activities

Information about member benefits and services (not core union business)

This information is usually provided by email or post.

Yes. If you would not like to receive information about Prospect’s additional benefits and services, you can choose to restrict this communication. To opt out of receiving this information, amend your communication preferences here (you will need to log in).

Your Consent

 

If you have other questions or concerns about how Prospect is communicating with you as a member, please contact our communications team or our compliance officer for assistance.

How to find out what data Prospect holds

If you would like to know what data Prospect holds about you, you can contact our Data Protection Compliance Officer by:

How to update your data

If you would like to update membership data such as your contact details, employer or salary details you can:

Members’ equality data

We ask members if they are willing to share equality data with us. This may include (but is not limited to) your gender, sexual orientation, ethnicity, or details of a disability. This information is optional; if you choose not to provide it, this will not affect your membership with Prospect.

Why we collect equality data

Equality in society and at work is one of our key values. Prospect campaigns at workplace, industry and government levels to achieve equality and improve equality-related practices. By providing us with equality information, you are helping us to develop and implement these campaigns.

How we use it

  1. In a statistical way, to negotiate, campaign and influence at a workplace, industry or national level. Individuals are not identified or identifiable.

  2. For communication purposes, for example, to survey a particular equality group.

  3. To assess the diversity of our membership. Prospect’s goal is to have a membership that is at least as diverse as UK society.

How do I know if Prospect holds my equality data?

If you are unsure if Prospect holds any of your equality data, please contact our Member Contact Centre by phone or email. You can ask us to delete any equality data we hold at any time.

How can I provide Prospect with my equality data?

If you would like to provide Prospect with your equality data to help us campaign for a more equal society, please log in to your account to update your information, or phone our member contact centre on 0300 600 1878.

C: Privacy for non-members who engage with our services

When you engage with Prospect, we may collect data from you even if you are not a Prospect member or staff member. Information about this data is shown in the table below, based on how you have chosen to engage with Prospect:

 

Activity

What data do we collect?

What do we use the data for?

Can I opt-out of the collection of this data?

 

I use the Prospect website

Our website/s collect a range of data from users who access the site. You can see our website cookies page here.

We use this data to continuously improve the services and information provided on our website.

There are some options for data tracking that you can turn off, such as the collection of Google Analytics data. Other options cannot be turned off in order for our website to function effectively. Our cookies page explains which options can be turned off.

I have attended a Prospect event

If you attend a Prospect event, we may collect data including (but not limited to) your name, contact details, dietary preferences and so on.

We use this data to provide an effective event and to monitor and improve the services we provide in the future.

When you sign up to attend an event, you will be advised what information is required, and what is optional. All data will be safely disposed of when no longer required for a legitimate business reason.

I have featured in a Prospect news story, publication or photograph

If you are asked to be in a Prospect news story, publication, video or photograph, we will also ask you to give written consent for how we intend to use that data.

We use this information to promote Prospect and our services, and to further the interests of our members.

You will be asked to provide your consent at the time of the data being collected. If you have any concerns about this, please contact our DPO

I have attended a Prospect training session

If you attend a Prospect training session, we may collect data including (but not limited to) your name, contact details, dietary preferences and so on.

We use this data to provide an effective training session, and to monitor and improve the services we provide in the future.

When you sign up to attend a session, you will be advised what information is required, and what is optional.

I have completed a Prospect survey

When you complete a Prospect survey, we will explicitly state what data we are collecting, and how it will be used.

We use survey data to represent our members, improve our surveys, and lobby government and policymakers. We will never identify an individual unless we have their explicit consent.

By completing a survey, you are opting into the collection of data and the use of that data as specified at the start of the survey. If you have any concerns about this, please contact our DPO

D: Use of trusted partners

Prospect uses a number of trusted partners to help us provide an effective service to members and potential members. Examples of these partners and how we use them are shown below.

Legal services – to provide you with effective legal support, Prospect may need to share your data with our legal partners (we work with several firms of reputable solicitors and barristers as required). This is always done in a secure and confidential manner. If Prospect takes a case on your behalf to the employment tribunal or an alternative court, we are likely to need to share your data with bodies that include the court, lawyers, ACAS, and/or other specialists as required.

Member benefits – to offer you a range of member benefits, discounts and services, Prospect may need to provide the relevant company with your information, or confirm you are a member. This will only be done after you have initiated contact or expressed interest in that company or service and provided us with your consent.

Software and systems – to process, manage and maintain your membership, Prospect uses a number of software systems, including (but not limited to) a membership database, case management database, a website database,  contact management system, security systems, and various backup storage technologies. To maintain these systems and ensure their security, technicians and specialists from the companies that provide them may have access to your data while undertaking their duties. All this work is carried out under strict security protocols.

Financial – for Prospect to collect your subscriptions and manage financial transactions (such as direct debits) we are required to share relevant data with financial institutions, for example, the bank that collects your direct debit. These activities are undertaken with the strictest financial security, and only a limited number of Prospect staff have access to your financial details.

Mailing and print – to send you information, ballots and relevant Prospect publications  (in line with your communication preferences) Prospect has to share your name and mailing details with the print and mailing houses that distribute these items. This processing of your data is handled within strict security guidelines.

Training & education – when you undertake training courses with Prospect, we may be required to share some of your personal data. For example, with an external training provider, or with a hotel or venue for accommodation or dietary requirements.

Accommodation, travel & expenses – If you attend a Prospect event where we arrange accommodation, pay for travel, or pay your expenses, we may be required to share some of your data with trusted partners. For example, with a hotel to secure your accommodation, or with the bank to repay your outstanding expenses.

Elections & ballots – where Prospect has a legal obligation to hold ballots. For the purpose of undertaking statutory ballots, Prospect has to use a certified third party, for example, ‘Electoral Reform Services’ (ERS)  to run the ballot. Any partner we use is selected on the basis of their strict security and confidentiality.

Audits – Prospect is required by law to undertake a number of audits. During the course of these audits, we may be required to share specific member data, for example, if our financial auditors are checking member expenses. All of these processes are undertaken with the strictest security and confidentiality.

Survey technology – if you participate in a Prospect survey you will be using a third-party technology such as ‘Snap’ or ‘Survey Monkey’. We will always use the highest level of security available when undertaking these surveys, and collect only essential personal data.

Communication & campaigning technology – to communicate with you effectively, and to carry out our communication and campaigning work, Prospect uses tools such as email software and campaigning software. All software is selected and used within clear security protocols.

Document management – to function as an effective organisation Prospect needs to store, archive, save and shred documents which may contain your data. During this process, third parties may have access to, or provide services involved with, the handling of your data. All providers are selected and used within strict security protocols.

SMS communication – Certain parts of Prospect communicate with members via SMS or electronic message technology. This is optional, and you should always have the choice to opt-out of receiving this communication. Third-party providers are used in this process, and are chosen and used within strict privacy guidelines. Your phone number is never shared without your consent.

Email – All emails entering and leaving the Prospect systems are scanned for viruses and spam by a third-party provider. Think is to ensure the security of Prospect emails.

Insurance – Prospect may from time to time be required to provide our insurance company with member details in the event of an issue or claim.

For more information about any of our trusted partners and how they may process your data, or how we safeguard the security of your data, please contact our GDPR Compliance officer.

E: How to withdraw your consent or make a complaint

How to withdraw your consent to our privacy policy

If you want to withdraw your consent for a specific aspect of your data processing and are unsure how to do it, please contact our Data Protection Compliance Officer

If you want to withdraw all consent to this policy and you are currently a Prospect member, you will need to resign from membership. If you would like to understand more about this or ask any further questions, please contact our Data Protection Compliance Officer

How to make a complaint

If you have any questions or concerns about the information in this policy, please contact us to see if we can resolve your concerns. However, if you wish to make a complaint about Prospect’s collection or use of data, you can do so via email direct to the Data Protection Compliance Officer.

Other questions, concerns or suggestions

Prospect is committed to protecting the privacy of individuals, and continuously improving the way we handle data. If you have a question, concern or suggestion about our data use or privacy policy, please contact us.

It is intended that this policy is fully compliant with the Data Protection Act 2018 and the GDPR. If any conflict arises between those laws and this policy, the Union intends to comply with the 2018 Act and the GDPR