The Phoenix Group (Phoenix Commercial Collections, PS&P and Phoenix HCE) is a registered data controller and will collect and use information about its customers in accordance with the data protection principles within the Data Protection Act and GDPR.
This privacy notice outlines what you can expect when Phoenix collects your information. It contains two sections:
PART A: contains information about how we use and disclose information collected when you:
- Visit one of our websites (phoenixcommercial.co.uk, psandp.co.uk or phoenixhce.co.uk), or
- Subscribe to our marketing communications
PART B: details how we use, store and process data provided to us for the purpose of delivering our services, which include the enforcement of warrants, liability orders and writs; tracing services and debt collection for our clients.
A1. Information we collect about you
A1.1 Information provided by you
When you subscribe to our mailing lists, we may collect the following personal information from you:
- Email address
- Telephone number
- Job title
A1.2 Records of website use
Our website server automatically records information that your browser sends whenever you visit a page on our website, such as your IP address; details of the web browser and operating system that you are using; the date and time of your request; the specific page requested and how you arrived at that page (eg, the search term used to find the page or link clicked to access it). This is statistical data about our users’ browsing actions and patterns and does not identify any individual.
- Facilitate Live Chat support (when available)
- Track the pages you visit (via Google Analytics)
You can disable any cookies stored on your computer, but these may stop our website from functioning properly.
Our website will not share any personal information with third parties.
A2. How we will use the information collected about you
When you subscribe to our marketing communications mailing lists and give consent to us holding your supplied information, we will use this information to periodically send you communications relevant to the list to which you subscribed.
We will not share your personal information with any third parties unless consent is given to do so. We take your privacy extremely seriously and will never sell your information to any third party.
A3. Protecting your information
Information you provide when subscribing to our marketing lists is encrypted to provide protection against unauthorised access. No data transmission over the internet can be regarded as entirely secure, and therefore we cannot guarantee the security of your personal information or use of the website. However, once we have received your information we use strict procedures to protect its security.
A4. Links to other websites
This Privacy Notice applies only to the Phoenix Commercial Collections website. Our website may contain links to other websites. If you access these sites you should also read their privacy documentation.
A5. Accessing, updating and correcting your information
If at any point, you would like to withdraw consent for receiving marketing communications from us, or manage your subscription preferences, you can click on the “Unsubscribe” or “Manage preferences” links at the bottom of any emails you receive from us.
You have the right to request a copy of the information that we hold about you, in accordance with data protection legislation. If you would like a copy of some or all of your personal information please send an email to firstname.lastname@example.org.
If you wish to notify us that any of the information which we hold about you is incorrect or misleading, or if any of the information you have provided changes, we will ensure the information is corrected or amended in a timely manner. You may notify us by sending an e-mail to email@example.com.
B1. What information do we collect about you?
In order to carry out its contractual obligations to its clients, Phoenix must collect and process data (including sensitive personal data) relating to its customers.
The Phoenix Group process your data as is necessary to comply with the law, when it is necessary for the performance of a task in the public interest and/or where necessary for the legitimate interest of a third party.
Data held about you may include, but is not restricted to, the following.
- Personal details such as name, address, date of birth
- Contact details such as address, phone number (landline and/or mobile) and email
- Income/expenditure details
- Correspondence between you, our client and the Phoenix Group
- Vehicle details registered to you
- Copies of warrant, liability order or writ issued against you
- Audio recordings of telephone calls between you and the Phoenix Group
- Video recordings of enforcement agent visits
B2. Lawful Basis for Processing
In accordance with Article 6 (1) of the GDPR, the lawful basis for processing is:
- Article 6(1) C The processing is necessary to comply with the law;
- Article 6 (1) E The processing is necessary for the performance of a task in the public interest; and
- Article 6 (10 F The processing is necessary for the legitimate interest of a third party.
B3. How will we use information about you?
The Phoenix Group processes customer personal data in order to:
- Carry out the enforcement of Court issued liability orders, warrants or writs and the collection of debts owed.
- Identify and, where necessary, trace individuals who no longer reside at the last known address as provided by our clients
- Verify address and occupier information so that Local Government billing authorities may validate their records and raise appropriate local taxation charges
B4. Who has access to your data?
Access to personal data held by the Phoenix Group is restricted to operational departments and will be limited in accordance with that department's operational needs.
Your personal data may be shared with 3rd party companies as is necessary for the completion of our contractual obligations with our clients, details of 3rd party companies we share data with is provided under the ‘Sharing and disclosing your personal information’ section of this policy.
B5. Sharing and disclosing your personal information
The Phoenix Group may disclose certain personal data to external bodies as categorised below. At all times, the amount of information disclosed and the manner in which it is disclosed will be in accordance with the provisions and obligations of the Data Protection Act and the European General Data Protection Regulation (GDPR).
|Disclosure to||Why we disclose|
|Adare SEC||Letters sent to our customers are done so via Adare Secure Essential Communications|
|Equiniti||To trace a viable alternative place of residence for the customer.|
|Lexis Nexis||To obtain the customers phone number so that we may make contact with them.|
|DVLA||To ascertain keeper details of vehicles that may be subject to seizure.|
|OneStep Solutions||Data is loaded onto our back office system which is maintained by OneStep Solutions|
|Certificated Enforcement Agents||To umdertake doorstep enforcement activity in accordance The Tribunals Courts and Enforcment Act 2007|
|Enquiry Agents||To validate address and/or billing information or to facilitate debt repayment|
B6. How long we keep your personal information
It is necessary for Data to be retained for a period of seven years after a case is finalised, this is to:
- facilitate the production of evidence in any Court Proceedings.
- satisfy any legal obligations in relation to accounts and financial reporting.
- satisfy contractual or regulatory obligations in relation to government bodies such as Driver and Vehicle Licensing Agency
Furthermore, data will be retained to facilitate efficient and effective collection activity for the period in which there is an active instruction in respect of the relevant individual, which may involve multiple instructions, covering different liability periods.
t is in the Public Interest that local taxation and/or parking penalties are effectively enforced and accordingly, where multiple instructions have been received for an individual, data will be retained to facilitate current and future collection activity.
Where there is no active instruction, data will not be processed whilst it is being retained for the statutory limitation period in respect of any claims. Data will be securely destroyed when no longer required.
B7. Access to your information and correction
Customers may request a copy of the personal data held about them by the Group. If you wish to make such a request, contact the Group’s Data Protection Officer James Bass by emailing firstname.lastname@example.org or by writing to PO Box 2169
If you wish to correct any information held by the Group about you, contact the relevant department in the first instance. If you have any further concerns about the accuracy of your personal data as held by the Group contact the Group’s Data Protection Officer James Bass.
B8. Right to be Forgotten
Data subjects do not have an absolute right for their details to be erased and therefore to prevent processing of their data.
When processing is conducted under Article 6 (1) (e), the right to erasure does not apply.
Data will not be erased where an instruction is open and there are active steps being taken to collect a debt or liability that is owed, or action is being undertaken to establish liability.
Data will not be erased until the relevant period for the issue of court proceedings in respect of an instruction has elapsed. The relevant period is currently seven years.
COMPLAINTS OR FURTHER INFORMATION
If you have any privacy related questions which are not answered by this Privacy Notice, or wish to make a complaint about how we use your information, please contact the Data Protection Officer (DPO) by emailing email@example.com or by writing to PO Box 2160, Bolton, BL6 9BR.
CHANGES TO OUR PRIVACY NOTICE
We keep this Privacy Notice under regular review, and may alter it without notifying users of the changes made. Updates will be posted to our website and will be in effect immediately when published.
This Privacy Notice was last updated in May 2018.