AD:VENTURE Programme – Data Protection Statement
The AD:VENTURE programme is a business support programme, that delivers a range of support to new and young business, and individuals interested in starting a business. The programme is delivery by a consortium of organisations (delivery partners), and part funded by ERDF through MHCLG. Remaining, funding in provided by a range of public and private organisations.
In accordance with the EU Common Provisions Regulations (CPR), and Article 6 of the European Regional Development Fund (ERDF) Regulation, the Ministry for Housing Communities and Local Government (MHCLG), as the managing authority for the programme, is required to monitor and evaluate ERDF-funded activities. Leeds City Council, who is the Grant Recipient Authority, is required to help deliver the ERDF programme under the terms of its ERDF Funding Agreement.
Data Controller and designations of parties
Under the Funding Agreement, the Secretary of State is the Data Controllers who determines purposes and means of processing personal data and who shall use the Personal Data for the purpose of assessing the Grant Recipient’s compliance with its obligations under this Funding Agreement
Leeds City Council is the Grant Recipient under the Agreement and is designated as a Data Processor on behalf of the Ministry of Housing, Communities and Local Government and the lead partner. It is responsible for programme management, including claiming monies from MHCLG, distributing them to delivery partners.
Organisations, otherwise known as delivery partners under the terms of the Agreement, and which are listed elsewhere in this statement, act on behalf of Leeds City Council as sub-processors under appropriate Service Level Agreements with the Council.
Why do we collect your data?
Under the Funding Agreement with MHCLG, Leeds City Council is required to collect personal data for the purpose of assessing eligibility onto the programme and for the assessment and monitoring to determine the level of assistance received, conducting monitoring and evaluation and to ensure compliance with the terms of the ERDF Agreement.
The information you provide to us under the AD:VENTURE Programme will be used to facilitate the services we provide to you or your business, and to assist us with record keeping, statistical and research purposes, statutory purposes and to facilitate ongoing communication.
Leeds City Council may use the information you provide to contact you in order to keep you informed of services and business support that may be of interest to you and your business. You will be asked to consent to receiving marketing information from us and our partners when submitting application. You will be able to withdraw your consent from receiving information at any time by contacting us on firstname.lastname@example.org
What personal data will be collected?
Depending on the nature of activities of the ERDF-funded project and the indicators listed under each activity, the following information for each direct or indirect beneficiary where these are individuals may be collected:
- Name of contact point within a business (in some cases property owner) engaged with or individual engaged with;
- Phone number
- Email address
- Labour market status prior to receiving support and 6 months after receiving support
- Duration of support
- Intensity of support
- Pay details
MHCLG may collect special category data on ethnicity and disability.
Legal basis for processing
Leeds City Council, who is processing your personal data on behalf of MHCLG, will be processing personal data in the ERDF programme according to the following lawful basis:
Article 6(1)(e) of the EU General Data Protection Regulation (GDPR)
‘processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller’.
The lawful basis for processing `special category’ data is:
Article 9(2)(g) GDPR
“processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;”
The lawful basis for processing communication of marketing materials is:
Article 6 (1)(a) GDPR
“processing shall be lawful only if the data subject has given consent to the processing of his or her personal data for one or more specific purposes”.
How will your information be used?
The information we collect from you will be used to evaluate this project and to report to the European Regional Development Fund (ERDF) for monitoring and evaluation purposes. Your details will be used to support the ERDF programme research and evaluation activities. In some cases, MHCLG will need to share all or some of your personal data with the national evaluator of the ERDF programme, i.e. independent external contractors commissioned by DHCLG, who may use your contact details to contact a sample of direct or indirect beneficiaries for the purpose of the National Evaluation of the programme.
Who will your information be shared with?
Leeds City Council is required to share your information with MHCLG who may also need to share information with other government departments and the European Commission, where this is necessary, to test the robustness of the data gathered or to inform the National Evaluation.
When sharing personal information with for evaluation activities, MHCLG will instruct these organisations not to use the information for any reasons which are not connected with the purpose of the National Evaluation of the ERDF programme 2014-2020 or other matters directly relating to the evaluation. If MHCLG has to pass on personal data, it will only share what is necessary for the purpose, and will remove the details that might identify individuals.
In addition to sharing your data with MHCLG, Leeds City Council will share the information you provide with its funders and organisations delivering services on its behalf (these are listed below). The purpose of sharing your data is to deliver the programme, to increase your businesses enterprise prospects and to measure the impact and success of the project.
The full list of organisations participating in the programme are:
Business Enterprise Fund
Harrogate Borough Council
Leeds Beckett University
Leeds City Council (Data Processor on behalf of MHCLG)
Leeds Trinity University
Make It York
Mid-Yorkshire Chamber of Commerce
Selby District Council
University of Bradford
University of Huddersfield
West and North Yorkshire Chamber of Commerce
Ministry of Housing, Communities and Local Government (Data Controller)
West Yorkshire Combined Authority (as the accountable body for Leeds City Region Enterprise Partnership)
Any sharing with third parties is subject to robust information sharing arrangements under the contracts / or Funding Agreements.
How will your data be stored?
Information you provide will be stored securely and retained until 2033 in accordance with Leeds City Council Retention and Destruction Schedule and the National European Development Fund Document Retention Guidance published by the Secretary of State as prescribed under this Funding Agreement.
MHCLG, who is the managing authority under this Agreement, will not keep your personal data for longer than it needs but as a minimum, will retain data for two years after the closure of the 2014-2020 ERDF programme in line with the European Regional Development Fund document retention guidance to ensure MHCLG meets reporting obligations and to demonstrate compliance with EU Requirements.
The data collected is your personal data, and you have the right, subject to lawful data requirements:
- to see what data we have about you;
- to ask us to stop using your data;
- to ask us to delete your data, or to correct your data if there is no longer a justification to process it;
- to lodge a complaint with the independent Information Commissioner (ICO) if you think we are not handling your data fairly or in accordance with the law.
ERDF participants cannot claim the following rights in terms of ERDF personal data:
- right to erasure (“right to be forgotten”)
- right to portability of their data
Further information about your Individual Rights under the GDPR is available at: https://www.leeds.gov.uk/privacy-statement/privacy-notice.
Automated decision making
Your personal data will not be subjected to automated decision making.
Transfer of data outside the UK
Leeds City Council or MCHLG will not transfer personal data outside the European Union, to third countries or international organisations.
If you would like further information about the programme please direct your query to email@example.com
Details of the Data Protection Officers and ICO
The Council’s Corporate Privacy Notice, which includes details of the Leeds City Council’s Data Protection Officer is available at: https://www.leeds.gov.uk/privacy-statement/privacy-notice.
The MHCLG Data Protection Officer can be contacted at: firstname.lastname@example.org