Dated 12 February 2021
- Lawful basis for processing
- What data we may collect from you
- How we collect information from you
- How we use your personal data
- Retention of your personal data
- Accuracy of your personal data
- Security of your personal data
- Who we may share your personal information with
- Your rights
1.1 Who we are
We are the Business Banking Resolution Service, a company limited by guarantee and incorporated in England and Wales with registered number 12096333 and having its registered office at C/O Eastcastle House, 27-28 Eastcastle Street, London W1W 8DH.
CEDR Services Limited is a company limited by guarantee and incorporated in England and Wales with registered number 03271988 and having its registered address at International Dispute Resolution Centre, 70 Fleet Street, London, EC4Y 1EU.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where information relating to identity has been removed (anonymous data).
- what personal data we may collect from you through your use of our services, including but not limited to any personal data you may provide to us when you register your interest, speak to or correspond with any of our staff, participate in any survey or submit and/or participate in a claim;
- how we will use, store and protect your personal data;
- with whom we may share personal data; and
- your rights under relevant data protection laws and how the law protects you.
The Website and our services are not permitted for use by individuals below eighteen years of age and we do not knowingly collect personal data relating to such individuals.
1.3 Third party links
2 Lawful basis for processing
Under data protection laws, we must have a legal basis in order to process your personal data. The legal basis under which we process your personal data is:
- Legitimate interest: in order to carry on BBRS’ purpose of facilitating the investigation and resolution of disputes between SMEs and their financial service providers. This may involve gathering evidence, as well as reporting decisions to the relevant parties. CEDR will also rely on its legitimate interests for the purposes of managing and investigating any dispute submitted to the service.
- Special category data: where you provide us with special categories of personal data in connection with your claim (i.e. data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic data, biometric data and data concerning health, sex life or sexual orientation), this data requires an additional legal basis for processing. We shall therefore process such personal data on the basis that the processing is necessary for the establishment, exercise and defence of legal claims made by or on behalf of SMEs.
- Consent: BBRS and CEDR may request your consent to process your personal data in certain limited circumstances. For example, if you speak to us on the telephone, you may be requested to provide your consent to record those telephone calls for quality and training purposes. You may withdraw your consent at any time by informing the call operator or by emailing DPL@thebbrs.org or DPL@cedr.com.
- Complying with a legal obligation: BBRS or CEDR may be required to process your personal data where required to comply with applicable law, which may include sharing your personal data with regulators, authorities or other parties.
3 What data we may collect from you
BBRS and CEDR may collect and process any type of personal data about you (such as name, address, email address and phone number), including special categories of personal data. BBRS and CEDR do not actively collect information about criminal convictions or offences, although such data may be processed if it is provided during the course of any complaint you submit to the service.
4 How we collect information from you
Your personal data is collected by us and CEDR in a number of ways:
- Automatically: as you browse the Website certain information relating to your browsing patterns and technical data about the equipment you are using to access the website is automatically collected using cookies and server logs. Please see the BBRS Cookies Policy for further information.
- Directly: identity and contact data directly provided by you when you fill in online forms, speak to, write to, email or correspond with BBRS (or CEDR) in any way, irrespective of the method of communication used and including via the case management system, a software tool used to manage your dispute.
- From third parties/public sources:
- if you submit a dispute, as part of our investigation BBRS and CEDR may collect your personal data from your financial service provider(s) and from publicly available sources such as Companies House;
- if you appoint a third party to represent you during an eligible dispute, that third party may provide additional personal data about you;
- when using the Website, BBRS and CEDR may collect technical data, which may be obtained from the following parties:
- analytics providers (such as Google) based outside the UK; and
- search information providers (such as Google) based outside the UK.
- BBRS may collect information including personal data from third parties who provide services including the capture of news items and social media comments concerning BBRS and the financial industry.
BBRS may use your personal data for the following purposes:
- to provide services to you which you have requested;
- in accordance with our legitimate interests (in circumstances where your interests and fundamental rights do not override our interests);
- to personalise your experience on the Website and the case management system (CMS);
- to provide customer services, including to respond to your enquiries and fulfil any of your requests for information;
- to send you important information regarding our services and/or other technical notices, updates, security alerts, and support and administrative messages; and
- as we believe to be necessary or appropriate:
- in order to comply with a legal obligation. This applies where the processing is necessary for us to comply with the law;
- to protect our legitimate rights, privacy, property or safety, and/or those of a third party, where your rights do not override those interests.
6 Retention of your personal data
BBRS and CEDR will not retain your personal data for longer than is necessary for the purposes for which the personal data is processed. This means that your data will only be retained for as long as it is still required to provide you with services or is necessary for legal reasons. When calculating the appropriate retention period for your data, both BBRS and CEDR will consider the nature and sensitivity of the data, the purposes for which the data is processed, and any applicable statutory retention periods. Using these criteria, both BBRS and CEDR regularly review the personal data held and the purposes for which it is held and processed.
When we or CEDR determine that personal data can no longer be retained (or where you request us to delete your data in accordance with your right to do so (please see section 10 below for more information), we ensure that this data is securely deleted or destroyed from BBRS and CEDR systems.
Generally, any personal data you submit in relation to a claim to us or CEDR will be retained for 7 years from the date your case is closed.
However, please note that in some circumstances we and CEDR may decide to retain your personal data for research or statistical purposes and, in such circumstances, we will anonymise your data before retaining it.
7 Accuracy of your personal data
8 Security of your personal data
In order to protect your personal data, both BBRS and CEDR have appropriate organisational and technical security measures in place. These measures include requiring contractors who process your personal data to meet certain minimum security standards, restricting access to your personal data to certain staff, ensuring the secure transmission of data from the point where it is captured to the point where it is stored, ensuring suitable encryption is employed where data is stored, ensuring internal IT systems are suitably secure and implementing procedures to deal with any suspected data breach.
In addition, your personal data will only be processed in the UK and countries approved by the UK government as providing adequate protection.
In the unlikely event of a data breach, steps will be taken to mitigate any loss or destruction of data and, if required, BBRS and/or CEDR will notify you and any applicable authority of such a breach.
9 Who we may share your personal information with
There may be circumstances in which we may also need to share your personal data with certain other third parties.
The third parties to which BBRS may transfer your personal data include:
- financial service providers who need to receive the personal data to enable BBRS to investigate and resolve disputes or in relation to a request to exercise the rights you have as a data subject in respect of your personal data (as set out below in paragraph 10); and
- BBRS’ service providers who provide services to BBRS to enable BBRS to investigate and resolve disputes, such as CEDR.
CEDR may also transfer your personal data to third party IT service providers, to enable CEDR to provide its services.
The security of your data is important to BBRS and CEDR, therefore your data will only be transferred to such third parties if:
- the third party needs to access the personal data for the purposes of providing any services you have requested to you;
- the third party has in place appropriate organisational and technical security measures to protect your personal data;
- the transfer complies with any applicable cross border transfer restrictions and suitable safeguards have been put in place; and
- a fully executed written contract that contains suitable obligations and protections has been entered into between the parties.
10 Your rights
You have certain rights in relation to the personal data we and CEDR process and hold about you. These include:
- Right to rectification: you have the right to require us to correct any inaccuracies in your personal data.
- Right to erasure: you have the right to require us to delete your personal data, subject to certain legal requirements.
- Right to restriction of processing: you have the right to require us to restrict the way in which we process your personal data. You may wish to restrict processing if, for example:
- you contest the accuracy of the data and wish to have it corrected;
- you object to processing but we are required to retain the data for reasons of public interest; or
- if you would prefer restriction to erasure.
- Right to data portability: you have the right to obtain from us easily and securely the personal data we hold on you for any purpose you see fit.
- Right to object to processing: you have the right to require us to stop processing your personal data should you wish the data to be retained but no longer processed.
- Right of access: you have the right to request access to personal data that we may process about you.
- Right to withdraw consent: where you have previously consented to the processing of your personal data, you have the right at any time to withdraw that consent.
If you would like to exercise any of the above rights, please:
- put your request in writing to DPL@thebbrs.org or our postal address (above);
- include proof of your identity (such as a copy of your driving licence or passport) and address (such as a recent utility or credit card bill); and
- specify the right you wish to exercise.
We will respond to requests made by you within one month. We will not charge a fee for you to exercise any of the rights listed above.
If your request relates to CEDR, please contact DPL@cedr.com.
For more information about the cookies used, please see the Cookies Policy.
You should also be aware that you have the right to raise any concerns in relation to how we process your personal data to the Information Commissioner’s Office (ICO).
If you have any concerns, questions, or requests, please contact the DPL at DPL@thebbrs.org.
You may also contact CEDR’s DPL at DPL@cedr.com.