Data privacy notice in respect of data held by Fairfield Pension Trustees Limited

This notice explains how Fairfield Pension Trustees Limited (FPTL) collects, uses, protects and retains the personal data that it holds, particularly on members and other beneficiaries of the pension schemes for which FPTL acts as a trustee. For further information please contact FPTL using the contact details at the bottom of this notice.

We recommend you read this Privacy Notice in full, as it provides more detail on how we manage data protection and your privacy. Where you have provided us with personal data about other individuals, such as family members, dependants or potential beneficiaries under your scheme, please ensure that those individuals are aware of the information contained within this Notice.

Who uses your data?
Fairfield Pension Trustees Limited, along with any other trustees associated with your pension scheme (together “the Trustees”), is responsible for managing your pension scheme in accordance with the scheme rules and is known as the data controller.

The Trustees use various third parties to help them with their duties in managing the Scheme. Many of these third parties act solely on the Trustees’ instructions, in which case they are known as data processors. In some cases the third parties are required to meet their own legal obligations in relation to their appointment to the Scheme, this can make them either joint data controllers with the Trustees or separate data controllers in their own right. The third parties who the Trustees may share your personal data with will include:

  • the scheme’s third party scheme administrators, responsible for the day-to-day administration of the scheme
  • the company(ies) associated with your scheme
  • the scheme’s legal adviser
  • the Scheme Actuary and the scheme’s actuarial consultants
  • the scheme’s investment adviser and managers
  • the scheme’s insurers and, if applicable, medical advisers
  • a payroll processor, and
  • regulatory bodies such as HMRC or the Pensions Ombudsman.
The Trustees have contracts and/or agreements with appointed service providers setting out the responsibilities of each party with regards to data protection.

Your data is not currently shared outside the European Economic Area (EEA). If the Trustees need to transfer your data outside the EEA in future, we will ensure appropriate safeguards are implemented to protect your data in accordance with applicable laws. Please contact the Trustees, using the contact details below, if you would like information about the safeguards that are currently in place.

We are not required to appoint a formal Data Protection Officer. Instead we have a data protection representative who will deal with any queries in the first instance. The contact information for the data protection representative is provided below.

What data do we hold and why?
Your data is collected and used to administer your benefits within the pension scheme. This administration includes calculating and paying your benefits and communicating with you and, where applicable, your dependants. The Trustees use the data to help them effectively manage the scheme’s assets and liabilities over the lifetime of the scheme.

The legal bases for this processing will generally be one or more of the following:

  1. We need to process your personal data to satisfy our legal obligations as Trustees of the scheme
  2. We need to process your personal data for the legitimate interests of: administering and managing the scheme and liabilities under it; calculating, securing and paying benefits; and performing our obligations and exercising any rights, duties and discretions the Trustees have in relation to the scheme
  3. The processing is necessary for the performance of a contract to which you or we are party, or in order to take steps at your request prior to entering into a contract.
  4. Your consent may be obtained in relation to the collection of some special category data.

The Trustees hold data relating to:

  1. Your identity and current correspondence details such as name, date of birth, national insurance number, address, telephone number, email address
  2. Your benefits, including salary, contribution and employment data
  3. Your personal circumstances and other associated individuals such as your dependants, for example as provided in your expression of wish form, or following the event of your death to enable us to administer any dependant’s benefits payable.
  4. Your financial circumstances, such as your income tax code and bank account details
  5. Sometimes the Trustees may need to process sensitive or “special category” data such as information relating to your health (for example for ill-health benefits) and may indirectly obtain some data relating to your race, ethnicity and sexual orientation when processing identity documents and information relating to your beneficiaries. Further details on how this information may be processed can be obtained from your scheme administrator or from FPTL using the contact information below.

The data the Trustees hold is mainly provided by you or your employer, some data may have been obtained from regulatory bodies, such as HMRC, or through a tracing agency, for example if we have lost contact with you.

How do we use the information collected?
The Trustees process personal data about you, in their role as data controller, for the proper handling of all matters relating to the scheme, including its administration and management, calculating, securing and paying benefits and communicating to members.

The advisers, service providers and organisations referred to in the paragraphs above may use personal data to perform their functions as well as for statistical and financial modelling (such as calculating expected average benefit costs and mortality rates) and planning, business administration and regulatory purposes. They may also pass the data to other third parties (for example, insurers may pass personal data to other insurance companies for the purpose of obtaining reinsurance), to the extent they consider the information is reasonably required for a legitimate purpose.

In all cases the Trustees and third parties work to ensure your data is kept secure using contracts and agreements to clarify each party’s responsibilities, IT security (including measures such as password protection and encryption of data), staff training and regular monitoring of all policies.

No automated decision making is undertaken in relation to your data and benefits in the scheme.

How long do we keep your data?
The Trustees of the scheme will retain your data indefinitely, from the date you joined the scheme to the date all benefits are paid to the last members. Where the trustees or advisers change, those parties will pass your data on to the new trustees and advisers. Past trustees and advisers may store your data securely for a time following their termination to continue to meet legal obligations in relation to those past services and for the establishment, exercise or defence of legal claims.

What are your rights?

You have the following rights:

  1. Right to be informed -you have a right to know what personal data is held about you, who holds it and how it is processed
  2. Right of access - you have a right to access the personal data held about you and have a copy provided to you or someone else on your behalf
  3. Right to rectification - if you believe the personal data held is wrong or incomplete, you can ask for it to be corrected
  4. Right to be forgotten - you can request that your personal data is deleted or removed altogether if there is no compelling reason for it to continue to be processed, although the Trustees can override such a request in certain circumstances
  5. Right to restrict processing - you may require the Trustees to limit the processing of your personal data in certain situations, such as where a complaint about its accuracy is being investigated, although the Trustees can override such a request in certain circumstances
  6. The right to object to processing - as legitimate interests are part of the reason for processing, you can object to your personal data being processed, although the Trustees can override your objection in certain instances
  7. Withdrawing Consent- where you have consented to the processing of your personal data, you may withdraw the consent at any time by notifying the Trustees. However, withdrawing consent doesn't affect processing of any personal data which took place beforehand and it may be possible for the Trustees to keep processing your personal data where it is justified.

You should be aware that if you opt to take any of the above actions, it may impact the payment of your pension benefits, your participation in the Plan, and/or the ability for questions relating to your benefits to be answered.

Information will generally be provided to you free of charge, but in certain circumstances, such as the request being judged to be excessive or repetitive or if the details have already been issued previously, the Trustees can charge a reasonable fee.

You have the right to lodge a complaint about our use of your personal data with the Information Commissioners Office (ICO). You can find out more about the ICO on its website (https://ico.org.uk/). The ICO can be contacted by calling 0303 123 1113.

Contact details
If you have any queries about this privacy notice, or wish to exercise any of your data rights, please contact our Data Protection Representative Sarah Marshall on 07585 978493 or at sarah.marshall@fairfieldtrustees.co.uk.

Updates to this notice
This notice is the latest version as at May 2018. We may update this notice periodically. Where we do this, we will inform you of the changes and the date on which the changes take effect.