Privacy Notice

1. Introduction

General Data Protection Regulations (GDPR) came into force on 25 May 2018.

This privacy notice will tell you about your privacy rights and how the law protects you. It will also give you information on how we collect, store and use your data as part of https://tool.fairworkconvention.scot “Personal information” or “personal data” means any information about an individual from which that individual can be identified. Anything we do with your personal information (from the point at which it is collected until it is deleted from our systems) is called “processing”.

The privacy notice applies when you visit the https://tool.fairworkconvention.scot website and provide any information through this website. The privacy notice will also tell you about your privacy rights and how the law protects you.

2. Who we are

The Fair Work Convention acts independently of Scottish Ministers. The Fair Work Convention Secretariat provides corporate support to the Fair Work Convention to enable it to deliver the remit. The Secretariat is housed in the Scottish Government but functions independently and contains a multi-disciplinary team of civil servants dedicated to supporting and delivering the work of the Fair Work Convention.

https://tool.fairworkconvention.scot has been developed by the Fair Work Convention and aims to help employers, unions and workers understand workers’ experiences of fair work, and identify areas for improvement in line with the five dimensions of the Fair Work Framework (Effective Voice, Security, Opportunity, Fulfilment, Respect). Employers and unions can use the tool to understand the collective experience of workers. Workers can use the tool to assess their own workplace.

3. How we will store your data

https://tool.fairworkconvention.scot is delivered by MTC Media Ltd under a services contract with the Scottish Government, who house the Fair Work Convention Secretariat. MTC Media Ltd are the data processor and the Scottish Government are the data controller.

MTC Media Ltd will hold all data from https://tool.fairworkconvention.scot on their database for the purposes described in this privacy notice. The database is held on a secure server confidentially and in line with the data protection legislation. Access to the data is limited to staff who require to use it for the purposes described in this privacy notice.

All data collected through https://tool.fairworkconvention.scot will be collected, stored and analysed by MTC Media Ltd. As set out in this privacy notice, anonymised usage data will be shared with Scottish Government and the Fair Work Convention to track usage and understand who is using the tool.

4. Personal information collected

The following personal information will be collected directly from you when you use https://tool.fairworkconvention.scot and register to use the self-assessment tool:

Contact data username, email address
Technical data internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, other technology on the devices you use to access the website and information about how you use the website
Usage data information about how you use our website
Aggregated data such as demographic data for any purpose. Aggregated demographic data (age, gender, sexual orientation, religion, ethnic group, disability, employment, parents occupation) will be collected through https://tool.fairworkconvention.scot where consent has been provided. Data will be anonymised and only aggregated for use through https://tool.fairworkconvention.scot where anonymity can be ensured and will therefore not directly or indirectly reveal your identity. For example, we may aggregate demographic data to calculate the percentage of users accessing https://tool.fairworkconvention.scot by gender
Anonymised data which is the process of turning personal information into a form which does not identify individuals and where identification is not likely to take place. For example, anonymised usage data will be shared with the Scottish Government and Fair Work Convention to understand who is using the tool

5. How we use your data

https://tool.fairworkconvention.scot collects, uses and stores data set out in this privacy notice to:

How we use your data is different depending on your use for the tool. This is set out below. Please make sure you review the appropriate section for your use.

5.1. How we use your data – invited by your employer or union

If you are invited to use this tool by your employer or union, by registering and completing the tool you consent to your fair work score (shown as an average score combined with your colleagues/other workers scores) to be shared with your employer or union leader. The score will be displayed as an average score combined with your colleagues/other workers scores in a spider diagram and your answers to individual questions will not be shared.

If you are invited to use this tool by your employer or union, by registering and completing the demographic questionnaire, you are consenting to your data being included in the form of aggregated demographic data for your workplace or group (age, gender, sexual orientation, religion, ethnic group, disability, employment, parents occupation) to be shared with the lead user (your employer or union leader). This data will be shared where you have completed the demographic questionnaire and only when anonymity can be ensured and will not directly or indirectly reveal your identity. The lead user will only be able to view results by a demographic category when more than 10 people have completed the questionnaire, per demographic category. The results will appear as a score in a spider diagram and your answers to individual demographic questions will not be shared.

5.2. How we use your data – group of workers

If you use this tool as a group of workers, by registering and completing the tool you consent to your fair work score (shown as an average score combined with other workers in your worker group) to be shared with other members of the worker group. The score will be displayed as an average in a spider diagram and your answers to individual questions will not be shared.

By completing the demographic questionnaire, you are consenting to your data being included in the form of aggregated anonymous usage data. We collect this usage data to allow Scottish Government and the Fair Work Convention to understand experiences of fair work in Scotland, and what groups of people are using the self-assessment tool.

5.3. How we use your data – individual worker

When using the tool as an individual worker, your fair work score will not be shared with anyone.

5.4. How we use your data – lead user (employer, union, lead user)

When using the tool as a lead user, you are consenting to sharing your personal data (contact details) in order to register to use the tool. Your contact details (email) will be processed by MTC Media Ltd and will not be shared with the Scottish Government. When registering to use the tool as a lead user, you are consenting to anonymous usage data (at set out at Section 4 and 5) being shared to allow the Scottish Government and the Fair Work Convention to understand who is using the self-assessment tool (sector, location). Workers you invite to use the tool will provide their own consent for their personal data to be shared, as set out in this Privacy Notice.

6. Lawful basis for processing personal information

When you submit your personal information through, or where your activity is tracked on https://tool.fairworkconvention.scot, MTC Media Ltd will process that personal information, on behalf of the Scottish Government for the Fair Work Convention. Under the Gender Data Protection Regulation (GDPR) the lawful bases we rely on for processing your personal data are:

GDPR Article 9(2)(a) – Explicit Consent. The self-assessment tool asks about your experiences at work. Some questions are optional and may invite you to share sensitive information, such as: your health, or ethnic background. You do not have to answer these questions. However, if you choose to do so, we need your explicit consent to process that data.

By ticking the box below, you explicitly consent to the collection and use of any sensitive information you choose to provide, for the purposes of the self-assessment tool.

You are able to remove your consent at any time. You can do this by contacting MTC Media Ltd at info@mtc.co.uk and you can request for your personal data to be removed.

7. How long your personal information will be kept for

https://tool.fairworkconvention.scot will retain any personal information collected through the website for 2 years.

8. Security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed when you are using https://tool.fairworkconvention.scot.

9. Your rights

As defined in the data protection legislation, you have the right to be informed about the collection and use of your personal data. This is outlined above.

You have the right to erasure. If at any point in time you decide you’d like us to delete the responses you gave us, we will delete all information related to you, as long as you gave us your email address. Otherwise we won’t be able to find which information in our database relates to you. You also have the right to object to us processing your personal data. If you do so, we will delete all your personal data we hold.

In addition, you have the right to withdraw consent at any time. This means that we will delete your contact details from our database.

Contact details for the Data Protection Officer as well as information on how to file a complaint with Information Commissioner’s Office can be found at the Scottish Government’s website:

https://beta.gov.scot/about/contact-information/personal-data/

We have detailed above how we process the information you’ve provided us. If you would like further information regarding how your information is used, we will be happy to advise:

Email us at: fairworkconvention@gov.scot

Phone: 0300 244 4000

Or write to us at:

Fair Work Convention

6th Floor, 5 Atlantic Quay,

150 Broomielaw,

Glasgow, G2 8LU

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