1. Introduction to this Policy
Memoria (Vale of Glamorgan) Limited
Kirkleatham Memorial Limited
Amber Valley Memorial Limited
South Oxfordshire Crematorium and Memorial Park Limited
South Leicester Memorial Limited
Waveney Memorial Limited
Denbighshire Memorial Limited
North Herts Memorial Limited
Flintshire Memorial Limited
Bassetlaw Memorial Limited
1.3. The term “you” or “your” refers to the individual interacting with us and/or applying for or using our services and may also refer to those personnel working for funeral directors who also contact us.
1.4. Memoria Limited operates and manages each of the memorial parks and crematoriums listed above. Any Information that is collected by those memorial parks and crematoriums is shared with and held by Memoria Limited in accordance with this Policy. We, as the Data Controller, are responsible for, and control the processing of your Personal Data in accordance with the General Data Protection Regulation 2016/679 (GDPR) and the Data Protection Act 2018 (Act). “Personal Data” means any information that identifies or makes identifiable a natural (living) individual.
1.5. We may update this Policy from time to time in accordance with clause 14 below. This Policy was last updated on 1st September 2018.
2. Information we may collect about you
2.1. When you use our services, the services of a memorial park or crematorium as listed in clause 1.2 of this Policy (above), the web-booking portal, the Website, or otherwise deal with us (including where you have made an application via a Funeral Director), we may collect the following Personal Data about you (“Information”):
2.1.1. personal information including first and last name and contact information including current residential address, primary email address and/or primary phone number;
2.1.2. technical information including IP address, operating system, browser type and related information regarding the device you used to visit the Website, the length of your visit and your interactions with the Website;
2.1.3. information obtained through our correspondence and monitoring in accordance with clause 2.2 below; and
2.1.4. details of any enquiries made by you through the Website, together with details relating to subsequent correspondence (if applicable).
2.3. Occasionally we may receive information about you from other sources, for example from any third-party websites and applications that integrate or communicate with our Website in relation to you. If so, we will add this information to the Information we already hold about you in order to help us carry out the activities listed below.
3. How long we keep your Information
3.1. Subject to clause 3.4, we will keep your Information only for the purposes set out in the table below.
3.2. We are required to keep your Information for a period of 15 years from the date the services are provided to you, to comply with legal and regulatory obligations which we are subject to. Whilst you have the legal right to ask us to stop processing your Information for direct marketing purposes (as further detailed in paragraph 6.4 of this Policy), we may still be required to hold your Information in accordance with this Policy for the purposes of complying with our legal or regulatory obligations.
3.3. Where we hold Information based on your express consent and have no other legal basis for holding your Information, we will keep it until consent is withdrawn.
3.4. If required, we will be entitled to hold Information for longer periods in order to comply with our legal or regulatory obligations.
4. Legal basis for processing your information
4.1. In accordance with the GDPR/the Act we may only process your Information if we have a “legal basis” (i.e. a legally permitted reason) for doing so. For the purposes of this Policy, our legal basis for processing your Information is set out in the table below.
|Why we will process your Information||The lawful grounds for which is…|
|To operate, administer and provide our services to you.
To contact you to arrange the collection of cremated remains in accordance with your wishes.
|This is necessary for the performance of the contract between us and Information is processed to enable us to provide services to you.|
|To process Information of personnel at Funeral Directors in order to provide our services.||The processing of personnel at Funeral Director’s is necessary for the legitimate interest we pursue of running a crematorium service and is subject to your rights in clause 11.|
|To investigate and address any comments, queries or complaints made by you regarding the services provided by us, or services provided by another memorial park and crematorium as listed above or the Website.||This is necessary for the performance of the contract between us and Information is processed to enable us to provide services to our users. Outside of this, such processing is necessary for the legitimate interests we pursue of running a crematorium service and is subject to your rights in clause 11.|
|To operate, administer, maintain, provide, analyse and improve the Website and the services avaliable through the Website.
To ensure that content from the Website is presented in the most effective matter for you and your device.
To conduct research, statistical analysis and behavioural analysis (including anonymizing data for these purposes).
To provide insights based on agrregated, anonymous data collected through the research and analysis.
To notify you about changes to the Website.
To allow you to participate in interactive features of the Website, including inputting information.
|This is necessary for the performance of the contract between us and Information is processed to enable us to provide the services to our users. Outside of this, such processing is necessary for the legitimate interests we pursue of running a crematorium service and is subject to your rights in clause 11.|
|To disclose your Information to selected third parties as permitted by this Policy (see clause 7 below).||This processing is necessary for the legitimate interests we pursue of running a crematorium service and is subject to your rights in clause 11. This is also subject to your continued consent to the processing of your data for that purpose (see ‘Marketing and opting out’ in clause 8 below).|
|Where required by (but not limited to) any request or order from law enforcement agencies and/or HMRC in connection with any investigation to help prevent unlawful activity.||This is necessary to comply with our legal obligations, including obligations relating to the protection of Personal Data.|
|To contact you for marketing purposes (see ‚Marketing and opting out‘ in clause 6 below).||We send out marketing communications based on our legitimate interests of providing a professional services business and keeping people informed about the services we offer. The method of communication may vary as set out below:
(i) you have given your consent (see ‘Marketing and opting out’ in clause 6 below);or
(ii) you have previously bought goods and services from us and we are contacting you to let you know about similar goods and services that we offer (see ‘Marketing and opting out’ in clause 6 below).
You have the right at any time to let us know that you no longer wish to receive marketing communications from us.
5. Your consent to processing
5.1. As noted above, we will seek your consent for certain processing activities before we can process your Information as set out in this Policy. Where applicable, we will seek this consent from you when you first submit Information to us by phone, through the web-booking portal or through the Website.
5.2. If you have previously given consent you may freely withdraw such consent at any time. You can do this by notifying us in writing (see clause 17 below).
5.3. If you withdraw your consent, and if we do not have another legal basis for processing your information (see clause 4 above), then we will stop processing your Information. If we do have another legal basis for processing your information then we may continue to do so subject to your legal rights (for which see clause 11 below).
5.4. Please note that if we need to process your Information in order to provide our services, the services of another memorial park or crematorium as listed above, operate the Website and/or web booking portal, and you object or do not consent to us processing your Information, the Website and/or those services may not be available to you.
6. Marketing and opting out
6.1. Where you are a funeral director dealing with us in your professional capacity on behalf of a limited company or LLP, for business purposes, then we may contact you by email to your corporate email address about similar or related products that we offer. If you prefer not to receive any direct marketing communications from us, or you no longer wish to receive them, you can opt out at any time (see below).
6.2. Where you have previously ordered products or services from us we may contact you by telephone and post about similar or related products, services, promotions and special offers that may be of interest to you. We will inform you (during the sale process) if we intend to use your data for such purposes and give you the opportunity to opt-out of receiving such information from us. In addition, and if you have given permission, we may also contact you by mail and telephone about our other products, services, promotions and special offers that may be of interest to you. We will inform you (before collecting your data) and seek your permission if we intend to use your data for such additional marketing purposes. If you prefer not to receive any direct marketing communications from us, or you no longer wish to receive them, you can opt out at any time (see below).
6.3. If you have given permission, we may share your personal data with carefully selected third party organisations and business partners and they may contact you directly (unless you have asked them not to do so) by mail, telephone and email about products, services, promotions and special offers that may be of interest to you. We will inform you (before collecting your data) and seek your permission if we intend to disclose your data to third parties for such purposes. If you prefer not to receive direct marketing communications from our business partners, or you no longer wish to receive them, you can opt out at any time (see below).
6.4. You have the right at any time to ask us, or any third party, to stop processing your information for direct marketing purposes. If you wish to exercise this right, you should contact us by sending an email to email@example.com, or contact the relevant third party using their given contact details, giving us or them enough information to identify you and deal with your request. Alternatively you can follow the unsubscribe instructions in emails you receive from us or them.
7. Disclosure of your information
7.1. We may disclose your Information (including Personal Data):
7.1.1. to other companies within our group of companies (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006);
7.1.2. to our business partners, service providers or third-party contractors to enable them to undertake services for us and/or on our behalf (and we will ensure they have appropriate measures in place to protect your Information);
7.1.3. to any prospective buyer or seller (and their represenatives) in the event that we sell or buy any business or assets;
7.1.4. if we are under a duty to disclose or share Personal Data in order to comply with any legal obligation, including (but not limited to) any request or order from law enforcement agencies and/or HMRC in connection with any investigation to help prevent unlawful activity; and
7.1.5. to other third parties if you have specifically consented to us doing so.
7.2. We may disclose aggregated, anonymous information (i.e. information from which you cannot be personally identified), or insights based on such anonymous information, to selected third parties, including (without limitation) analytics and search engine providers to assist us in the improvement and optimisation of the Website. In such circumstances we do not disclose any information which can identify you personally.
7.3. If our whole business is sold or integrated with another business your Information may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
8. Keeping your Information secure
8.1. We will use technical and organisational measures in accordance with good industry practice to safeguard your Information.
8.2. While we will use all reasonable efforts to safeguard your Information, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any Information that is transferred from you or to you via the internet.
9. Overseas transfers
9.1. From time to time we may need to transfer your Information to countries outside the European Economic Area, which comprises the EU member states plus Norway, Iceland and Liechtenstein (“EEA”).
9.2. Such countries may not have similar protections in place regarding protection and use of your data as those set out in this Policy. Therefore, if we do transfer your Information to countries outside the EEA we will take reasonable steps in accordance with the GDPR/the Act to ensure adequate protections are in place to ensure the security of your Information.
9.3. By submitting your Information to us in accordance with this Policy you consent to these transfers for the purposes specified in this Policy.
10. Information about other individuals
If you give us information on behalf of a third party, you confirm that the third party has appointed you to act on his/her/their behalf and has agreed that you can: give consent on his/her/their behalf to the processing of his/her/their Information; receive on his/her/their behalf any data protection notices; and give consent to the transfer of his/her/their Information abroad (if applicable).
11. Your rights
If you are an individual, this section sets out your legal rights in respect of any of your Personal Data that we are holding and/or processing. If you wish to exercise any of your legal rights you should put your request in writing to us (using our contact details in clause 17 below) giving us enough information to identify you and respond to your request.
11.1. You have the right to request access to information about Personal Data that we may hold and/or process about you, including: whether or not we are holding and/or processing your Personal Data; the extent of the Personal Data we are holding; and the purposes and extent of the processing.
11.2. You have the right to have any inaccurate information we hold about you be corrected and/or updated. If any of the Information that you have provided changes, or if you become aware of any inaccuracies in such Information, please let us know in writing giving us enough information deal with the change or correction.
11.3. You have the right in certain circumstances to request that we delete all Personal Data we hold about you (the ‘right of erasure’). Please note that this right of erasure is not available in all circumstances, for example where we need to retain the Personal Data for legal compliance purposes. If this is the case, we will let you know.
11.4. You have the right in certain circumstances to request that we restrict the processing of your Personal Data, for example where the Personal Data is inaccurate or where you have objected to the processing (see clause 11.6 below).
11.5. You have the right to request a copy of the Personal Data we hold about you and to have it provided in a structured format suitable for you to be able to transfer it to a different data controller (the ‘right to data portability’). Please note that the right to data portability is only available in some circumstances, for example where the processing is carried out by automated means. If you request the right to data portability and it is not available to you, we will let you know.
11.6. You have the right in certain circumstances to object to the processing of your Personal Data. If so, we shall stop processing your Personal Data unless we can demonstrate sufficient and compelling legitimate grounds for continuing the processing which override your own interests. If, as a result of your circumstances, you do not have the right to object to such processing then we will let you know.
11.7. You have the right in certain circumstances not to be subject to a decision based solely on automated processing, for example where a computer algorithm (rather than a person) makes decisions which affect your contractual rights. Please note that this right is not available in all circumstances. If you request this right and it is not available to you, we will let you know.
11.8. You have the right to object to direct marketing, for which see clause 6.4 above.
If you have any concerns about how we collect or process your Information then you have the right to lodge a complaint with a supervisory authority, which for the UK is the UK Information Commissioner’s Office (“ICO”). Complaints can be submitted to the ICO through the ICO helpline by calling 0303 123 1113. Further information about reporting concerns to the ICO is available at https://ico.org.uk/concerns/.
13. ‘Cookies’ and related software
13.1. Our software may issue ‘cookies’ (small text files) to your device when you access and use the Website and you will be asked to consent to this at the time (e.g. when you first visit our website). Cookies do not affect your privacy and security since a cookie cannot read data off your system or read cookie files created by other sites.
13.3. You can set your system not to accept cookies if you wish (for example by changing your browser settings so cookies are not accepted), however please note that some of our Website features may not function if you remove cookies from your system. For further general information about cookies please visit www.aboutcookies.org or www.allaboutcookies.org.
14. Changes to this Policy
14.1. We keep this Policy under regular review and may change it from time to time. If we change this Policy we will post the changes on this page, and place notices on other pages of the Website as applicable, so that you may be aware of the Information we collect and how we use it at all times. You are responsible for ensuring that you are aware of the most recent version this Policy as it will apply each time you access the Website.
15. Links to other websites
15.1. Our Website may contain links to other websites. This Policy only applies to our Website. If you access links to other websites any Information you provide to them will be subject to the privacy policies of those other websites.
15.2. We have no control over third party websites or systems and accept no legal responsibility for any content, material or information contained in them. Your use of third party sites or systems will be governed by the terms and conditions of that third party. It is your responsibility to ensure you are happy with such third-party terms and conditions.
15.3. The display of any hyperlink and/or reference to any third-party website, system, product or service does not mean that we endorse that third party’s website, products or services and any reliance you place on such hyperlink, reference or advert is done at your own risk.
This Policy aims to provide you with all relevant details about how we process your Information in a concise, transparent, intelligible and easily accessible form, using clear and plain language. If you have any difficulty in reading or understanding this Policy, or if you would like this Policy in another format (for example audio, large print or braille), please get in touch with us.
17. Contact us
We welcome your feedback and questions on this Policy. If you wish to contact us, please email us at firstname.lastname@example.org or call on 01869 278780 or contact our Data Protection Officer at email@example.com.