Privacy Notice

Facilitating or participating in FSCB engagements

If you are an employee of an FSCB member firm, an individual stakeholder or an employee of a stakeholder organisation and are facilitating or participating in an engagement with the FSCB, we may collect information about directly from you, from your employing organisation, from stakeholder organisations we are partnering with or from other open-source information. The information we collect may include:

• your full name;
• your job title and employer;
• your place of work;
• your contact details;
• your opinions on topics being discussed relevant to culture, competence and behaviour in UK financial services.

We use the information we collect from you, from your employing organisation or from open-source information for the following reasons:

• to administer our contact relationship management system and keep our records up to date;
• to plan, organise and deliver policy working groups, forums, meetings, roundtable discussions or other events; and
• to send communications on issues relevant to you affecting culture, competence and behaviour in the UK financial services sector.

If you are an employee of a member firm, we use this information when it is necessary for one or more of the following legitimate interests:

• understanding the issues affecting culture, competence and behaviour of employees of member firms, member firms and the sector as a whole to inform the direction of our work;
• creating opportunities to share knowledge and accelerate learning across the sector on ways to improve culture, competence and behaviour;
• developing good practice, policies, tools, techniques and other interventions to support employees of member firms, member firms and the sector as a whole to improve culture, competence and behaviour; and
• ensuring that the personal information we process is accurate.

If you are a stakeholder or employee of a stakeholder organisation facilitating or participating in an engagement with the FSCB, we will process this information on the basis of our legitimate interest in ensuring that our work is informed by organisations and individuals who are affected by, can effect or perceive themselves to be affected by our work to help improve standards of culture, competence and behaviour in the UK financial services sector. This may include:

• ensuring that we have taken account of the views of stakeholders to inform the direction of our work;
• seeking input into the development of specific FSCB activities to ensure that our approaches are robust;
• enabling us to provide feedback on the progress made to improving culture, competence and behaviour in the UK financial services sector; and
• ensuring that the personal information we process is accurate.

We use a range of software applications and technology to manage our engagement with member firms and stakeholders to process personal data. This includes the FSCB’s client relationship management system. The third parties we use to deliver these applications are chosen and vetted by us to ensure that, among other things, any personal data is kept secure. All data centres are based in the UK or EEA.

Any findings from our engagement work that we report to our member firms or publicly will be on an anonymous basis unless we have your explicit consent to attribute information. In which case we will process such personal data on the basis of consent. You have the right to withdraw your consent at any time, as set out below in the ‘Your rights’ section.

Facilitating or participating in our research activities

Facilitating our research activities

If you are an employee of a member firm who is facilitating in FSCB research activities within your firm, we will process personal data as described above for facilitating other FSCB engagements.

Participating in our research activities

If you are participating in our research activities such as undertaking surveys, focus groups, interviews, group observations or experience sampling, our approach is to protect anonymity to prevent findings from research being identifiable to a natural person in any reporting. Depending on the research activity, different methods may be used to achieve this.

It is important that employees of member firms feel that they can participate honestly in FSCB research activities so that we develop insight which is accurate and can inform efforts to help improve culture, competence and behaviour in UK financial services. The FSCB creates a safe space for participants to do this by making a commitment to do all that it can to protect anonymity (except in those limited cases where it may not be possible, as explained in this privacy notice) and has in place a series of robust controls.

Depending on the controls in place and the circumstances, information that you provide to us will usually not be identifiable and not personal data; however, there may be some limited exceptions where it may amount to personal data (as explained in this privacy notice). Whether or not the information you provide us through participating in an FSCB activity is identifiable, we treat it as is if it were personal data in our approach to processing. However, because we try to avoid collecting personal data as far as possible and it will only occur in certain limited circumstances (as explained in this privacy notice) it may not always be possible for us to complete a request by you to exercise your data subject rights. This will only be the case where we are unable to identify you and so, the data will not be considered personal data and those rights would not actually exist.

If we undertake a research activity (for example, surveys) and due to the circumstances, personal data is collected and processed by us (for example, the pool is so small that despite all measures taken by FSCB it is not possible to prevent that person from being identified), we will be processing the personal data for our legitimate interests unless that personal data constitutes special category personal data. Depending on the research activity and the circumstances in which data is collected, we may collect personal data about you relating to your:

• demographic characteristics (potentially including details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership and information about your health).
• your perceptions of the culture, competence and behaviour of yourself and your colleagues within your employing organisation;
• your perceptions on the impact on culture, competence and behaviour of yourself or your colleagues of the implementation of good practice, policies, tools, techniques and other interventions within your firm;
• your perceptions on different issues affecting culture, competence and behaviour in the UK financial services sector.

Wherever possible, we seek to avoid collecting identifier information. However, for some research activities (such as interviews), we may need to collect identifiable information to plan, organise and deliver the research activity. This may include:

• your full name;
• your job title and employer;
• your place of work; and
• your contact details.

We use the information collected in our research activities to:

• analyse and report on perceptions of employees of member firms on culture, competence and behaviour within each of our member firms and the UK financial services sector as a whole;
• analyse and report the perception of employees of member firms on specific themes relevant to culture, competence and behaviour within each member firm and the UK financial services sector as a whole; and
• measure the impact of different practices, policies, tools, techniques or other interventions to help support the improvement of culture, competence and behaviour in our member firms.

If you are an employee of a member firm participating in our research activities, we use the information we collect about you when it is necessary for one or more of the following legitimate interests to:

• provide an independent view to each member firm of the culture, competence and behaviour within their organisation to help facilitate continuous improvement;
• understand how different factors may affect the perceptions of employees with a range of different characteristics (depending on the nature of the research activity this may include protected characteristics as defined in Equality Act 2010) within our member firms (to the extent this may involve special category personal data, please see below);
• determine the effectiveness of different practices, policies, tools, techniques or other interventions to help support the improvement of culture, competence and behaviour in our member firms;
• develop insight which can accelerate learning across the sector on challenges common to all firms in improving culture; competence and behaviour; and
• provide the public with an independent view of the progress towards improving culture, competence and behaviour in UK financial services.

Although we do our best not to collect personal data as described in this privacy notice, if any of the personal data we do collect amounts to special category personal data (such as any responses to demographic questions and it is possible due to circumstances to identify the individual (which is extremely unlikely to occur), we will only process this personal data with your consent. You can withdraw your consent at any time; see the ‘Your rights’ section below. We may need further information from you to identify your personal data. You should note that it will in most cases not be possible to identify an individual and so in the majority of cases, will not amount to personal data.

We may combine data collected through our research activities to conduct further analysis, for example looking at trends over time or the perceptions of different categories of participants. Any findings generated through our analysis which are reported either to our member firms or publicly will always be in an anonymous format unless stated otherwise at the point of data collection or with your explicit consent.

Access to personal data collected through FSCB research activities is limited to approved FSCB employees, approved suppliers providing technology platforms (such as our Survey Platform or Secure Environment) to process the data and approved suppliers supporting us to deliver specific research activities (such as a Qualitative Research provider). The third parties we use to support delivery of our research activities are chosen and vetted by us to ensure that, among other things, any personal data is kept secure. Third parties will only use the data in accordance with our instructions.

We may engage research partners (e.g. academics with specialist expertise) to undertake further more detailed analysis on the data we collect. In these circumstances, the data will only be shared with the partner on an anonymous or pseudonymous basis so that the data is not identifiable to the research partner. We also require an appropriate confidentiality agreement to be in place before access to data is granted in a secure way only on FSCB systems.

If you have participated in FSCB research activities and would like any further information on the above, please contact us via info@fscb.org.uk.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you would like to have an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Third-party links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

Communications from us

If you have asked us to keep you updated on our work or are an employee of a member firm or a stakeholder organisation we may contact you from time to time with details of:

• policy working groups, forums, meetings, roundtable discussions or other events we are organising or seeking to organise;
• general updates on our work including a periodic newsletter; and
• publications reporting on different aspects of culture, competence and behaviour in the UK financial services sector which may be of interest to you.

If you are an employee of a member firm or a stakeholder organisation, we process this information where it is necessary for our legitimate interests as described in the section above on ‘Facilitating and participating in FSCB engagement’.

If you have asked us to keep you updated on our work, we will only send you this information with your consent and you can choose to opt out of these communications or change your preferences at any time.

If you would like to stop receiving communications from us please contact us via emailing us at: info@fscb.org.uk or write to: The Communications Team, FSCB, St Magnus House, 3 Lower Thames Street, London EC3R 6HD.

Please remember, you can choose to opt out of these communications or change your preferences at any time.

When do we share personal data?

We may share your personal data within the FSCB group of companies.

We may share your personal data with business partners, professional advisors, debt collectors, suppliers and sub-contractors.

We may disclose your personal information to third parties if we are under a duty to disclose or share your personal data to comply with any legal obligation, or to enforce or apply our terms. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Transfer of personal data outside the UK or EEA

All of the services we use to support our activities involving personal data are located within the UK or EEA. We try to avoid transferring data outside of the UK or EEA although this may be necessary (for example where one of our technology suppliers has to move data to a secondary data centre to support business continuity or disaster recovery in an emergency).

Whenever we transfer your personal data out of the UK or EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: (a) we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data; or (b) where we use certain service providers, we may use specific contracts approved for use in the UK or EEA which give personal data the same protection it has in the UK. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK or EEA

Retaining your personal data

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

For more information about our data retention and disposal schedule, please contact us at info@fscb.org.uk.

In some circumstances you can ask us to delete your data. Please see the section on ‘Your rights’ below for further information. In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you

Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so

Your rights

Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:

The right to rectification. You have the right to have incomplete or inaccurate personal data we hold about you corrected.

The right to be forgotten. You have the right to request that we delete or remove your personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

The right to restriction. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

The right to data portability. In certain circumstances, you have the right to receive personal data from us in a structured, commonly used and machine-readable format and the right to transmit it to a third-party organisation. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

The right to object. You have the right to object to our processing of your personal dat8a where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

The right to withdraw consent where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

The right to complain to the Information Commissioner’s Office. Whilst we would always prefer it if you approached us first about any complaints or queries you may have, you always have the right to lodge a complaint with the Information Commissioner’s Office by visiting ico.org.uk.

The right to make a subject access request. You have the right to access personal data we hold about you by making a subject access request.

If you wish to exercise any of these rights, please contact us by emailing us at: info@fscb.org.uk or write to: The Data Privacy Manager, FSCB, St Magnus House, 3 Lower Thames Street, London EC3R 6HD.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Changes to our privacy notice and your duty to inform us of changes

We keep our privacy notice under regular review. This version was last updated on the date set out at the top of this privacy notice. Any changes we make to this privacy notice will be posted on our website.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.