Welcome to the Panda privacy notice. Panda is a group of companies working under their parent company Beauparc Utilities Holdings Limited.
As a Data Controller in its own right, Panda respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our websites (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
The following websites are operated by BEAUPARC UTILITIES HOLDINGS LIMITED having its registered office at Panda Waste Managements Solutions, Ballymount Road Upper, D24 E097 (company number 611241)
- PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how Panda collects and processes your personal data through your use of our website, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service.
This website is not intended for children and we do not knowingly collect data relating to children. This is in line with the digital age of consent being 16 in Ireland- the Digital Age of Consent being the minimum age a user must be before a company with online presence can collect, process and store their data.
It is important that you read this privacy notice, so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Panda.ie is made up of different legal entities, details of which can be found here www.beauparc.ie (which includes but is not limited to the following companies: Panda, Greenstar, Spanners, Panda). This privacy notice is issued on behalf of the Panda so when we mention “Panda”, “we”, “us” or “our” in this privacy notice, we are referring to the relevant company in the Beauparc Utilities Holdings Limited responsible for processing your data. We will let you know which entity will be the controller for your data when you purchase a product or service with us. In relation to any service provided through the Panda.ie website- Panda is the Data Controller.
We have appointed a dedicated Panda Privacy Officer who is responsible for overseeing any questions in relation to this privacy notice. If you have any questions about this privacy notice, please contact the Privacy Officer using the details set out below. Your privacy rights are very important to us and we are happy to answer any privacy related queries that may arise about your data.
Beauparc Utilities Holdings Limited
Panda Waste Management Solutions
Ballymount Road Upper
or email: Privacy.Officer@pandagreen.ie
We aim to provide a full response to queries inside 10 working days.
You have the right to lodge a complaint with the data protection authority in Ireland, the Data Protection Commission (DPC), whose address is listed below.
|Data Protection Commission,|
21 Fitzwilliam Square South
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
The General Data Protection Regulation (GDPR) entered into force across European Member States on the 25th of May 2018. There are 7 core principles of the GDPR which we look to build into the culture of privacy at Panda. These are:
- Fair Lawful and Transparent Processing
- Purpose Limitation
- Data Minimisation
- Accurate and up to date processing
- Data Storage Limitation
- Security and confidentiality
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. This could be a change of account holder name or change of address, for example.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
This website does not engage in any automated decision making, including the profiling of customer data.
- THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier.
- Audio Data includes the recording of inbound and outbound calls used to evidence our contractual agreement with you, for dispute resolution, training and quality purposes.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect, in most cases, any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). However, if we do collect Special Categories of Personal Data about you, we will notify you if this is the case at the time. The primary exception to this rule would be the necessary processing of medical details in relation to vulnerable Panda customers. Collecting certain medical details in this instance is important for delivering our services to vulnerable customers. Separately, we do not collect any information about criminal convictions and offences.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where you decline to provide the data necessary for the formation or performance of a contract of service with Panda, we may not be able to perform the contract in place or the contract that is in the process of being finalised by the parties (for example, to provide you with the particular Panda service that is sought). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
- HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
Direct interactions: You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- create an account on our Panda.ie website.
- subscribe to our service or publications.
- request marketing communications to be sent to you.
- enable us to deal with customer queries or issues you may have relating to the service; or give us some feedback.
- Via Intercom Livechat functionality (via Intercom Third-Party Application)
- HOW WE USE YOUR PERSONAL DATA
We will only use your personal data in line with National (Data Protection Act 2018 (Ireland) and European (GDPR) data protection law and only to achieve the specific purpose of the processing in each case. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the service contract we are about to enter or have entered with you.
- Where it is necessary for our legitimate interests to provide Panda services to the highest standard and efficiency.
- Where we need to comply with a legal or regulatory obligation.
- Where you have provided explicit prior consent to receiving electronic direct marketing communications.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to send direct marketing communications to you via email or text message via retained third-party partners. As mentioned, electronic marketing communications are only sent to you if you have provided explicit prior consent via a tick box.
You have the right to withdraw consent to marketing at any time by contacting us at the above (Privacy Officer address on page 2.)
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal grounds we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact the Panda Privacy Officer as per above if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity and Art 6 GDPR Lawful Basis||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer (Article 6(1)(b))(Processing necessary for the performance of a contract)||(a) Identity(b) Contact- (email or contact no.)(c) Audio||Performance of a contract with you|
|To process and deliver your order including:(a) Manage payments, fees and charges(b) Collect and recover money owed to us(Article 6(1)(b))(Processing necessary for the performance of a contract)|
(Article 6(1) (a) (Data Subject has provided consent to the processing)
|(a) Identity(b) Contact(c) Financial(d) Transaction|
(e) Marketing and Communications(f) Audio
|(a) Performance of a contract with you(b) Necessary for our legitimate interests (to recover debts due to us)|
Sending Contamination notices to customers by letter and or by post when contaminated items are discovered within recycling binsArticle 6(1)(f) processing is necessary for the purposes of the legitimate interests pursued by the controller
(a) Identity(b) Contact(c) Profile
(a) Identity(b) Contact(c) Technical(d) Usage
|(a) Performance of a contract with you(b) Necessary to comply with a legal obligation(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) (a) Necessary for our legitimate interests to ensure that our recycling bins remains free contamination|
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)|
Article 6(1)(f) processing is necessary for the purposes of the legitimate interests pursued by the controller
|(a) Identity(b) Contact(c) Technical(d) Transaction(e) Financial||(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or the merger & acquisition group restructuring exercise)(b) Necessary to comply with a legal obligation|
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you|
Article 6(1)(f) processing is necessary for the purposes of the legitimate interests pursued by the controller
(a) Identity(b) Contact(c) Profile(d) Usage(f) Technical(g) Audio
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences|
Article 6(1) (a) (Data Subject has provided consent to the processing) (Consent required in respect of performance cookies that collect personal data)
|(a) Technical(b) Usage(c) Marketing and Communications||Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you to help improve our service|
Article 6(1)(f) processing is necessary for the purposes of the legitimate interests pursued by the controller
(a) Identity(b) Contact(c) Technical(d) Usage(e) Profile
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
|Sharing information with Revenue, law enforcement agencies, local authorities and other relevant state bodies|
Article 6(1)( c) processing is necessary for compliance with a legal obligation to which the controller is subject
|(a) Identity(b) Contact(c) Financial(d) Transaction||To comply with our legal obligations under national and member state law and for the prevention, investigation, and detection of criminal activity|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Any marketing communications you receive electronically, will only be after you have proactively provided clear, unambiguous, specific and informed consent, in line with GDPR Article 4(11). Consent may be provided verbally or via a proactive electronic online tick box, ticked by the customer.
PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will only receive marketing communications from us if you are an existing customer who has proactively opted in to receiving marketing communications. As above in “Marketing” section, this consent may be provided verbally over the phone or via electronic tick box on our website.
You can ask us to stop sending you marketing messages at any time by contacting the Panda Privacy Officer (Details of Which are Below). Your details will be placed on a Do Not Contact (DNC) list immediately thereafter and you won’t be contacted again in relation to marketing. All marketing emails have an unsubscribe link that can be utilised, in which case you will not receive any more of these communications from our marketing team.
Some cookies are strictly necessary and essential for the proper functioning of our website. Strictly necessary cookies are classified as cookies that must be present for the website to provide the basic functions of the website, such as user sign in and registration, for example. These types of cookies do not require individual user consent as they are essential for the basic functionality of the website and do not capture personal data of the user.
In terms of “performance” cookies (monitoring the performance of the website), we provide a granular consent banner breakdown when you visit our site. This allows you to proactively consent to the specific types of performance cookies that are deployed on our website. For more detailed information on our privacy standards around the use of website cookies, please visit our cookies policy. We provide a granular breakdown of consent options for every user that visits our site. Performance cookies will only be deployed where you have consented to their use.
CHANGE OF PURPOSE
We will only use your personal data for the specific purpose(s) for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact the Panda Privacy Officer (details below). Your privacy rights are very important to Panda and we urge you to make contact should you have any privacy related concerns or queries.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by changes in the law.
- THIRD- PARTY DATA SHARING
We may have to share your personal data with the parties set out below for the purposes set out on Page 6 (above). This data sharing will be strictly limited to relevant and necessary third parties who help us achieve the purpose of the processing in each case. Each third-party relationship is governed strictly in accordance with Irish and European data protection laws and in line with a data protection specific contract.
- Internal Third Parties as set out in the Glossary (section 11).
- External Third Parties as set out in the Glossary.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions governed by contract.
- INTERNATIONAL DATA TRANSFERS
In certain limited circumstances, we may transfer your personal information internationally, including outside of the European Economic Area (EEA).
- Where we use providers based in the US or other “third countries” outside of the EEA, we will only do when an appropriate Chapter V GDPR data transfer tool has been selected and implemented into the processing. This may be in the form of EC updated Standard Contractual Clauses (SCCs), with necessary supplementary measures considered where appropriate, such as varying types of technical security measures such as encryption and pseudonymisation. This is in line with European Data Protection Board guidance which can be found via the following link Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data | European Data Protection Board (europa.eu). Panda conducts very thorough Transfer Impact Assessments (TIAs) when considering the potential impact of retaining Data Processors based in countries outside of the EEA.
- Where we assess that such Chapter V safeguards are not necessary, this is due to the fact that several countries have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
Please contact our Privacy Officer (details below and Page 2) if you want further information on the specific data transfer mechanism used by Panda when transferring your personal data to entities based outside of the EEA.
- DATA SECURITY
Here at Panda, we have put in place all appropriate technical and organisational security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who are strictly relevant to the purpose of the processing. All third- party processor relationships are governed by a data protection specific contract, outlining the conditions of processing your personal data (in line with Article 28 GDPR.) Third-party processors will only process your personal data on Panda instructions as a Data Controller and they are subject to a duty of confidentiality as part of their Data Processor contractual obligations.
The data you provide will be transmitted via SSL encryption (Secure Sockets Layer) which is security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and integral. SSL is an industry-standard and is used by millions of websites in the protection of their online transactions with their customers.
In some cases (for example signing-up for a service) the data you provide will be transmitted via above mentioned SSL encryption and API (Application Programming Interface) which allows our website to communicate with our CRM system (Customer Relationship Management) for account management. The Cloud based CRMs used to store Panda customer data are Paw, Dataset and Elemos (in respect of commercial waste).
The information is kept in a database on our server provided by our hosting third-party partners, who have taken all necessary measures themselves to ensure high standards of data security practice in line with GDPR standards. This compliance is continually monitored by Panda’s Privacy Officer.
Access Controls: Only Panda staff have access to the personal data you have provided us with. Each relevant Panda staff member has received one-to-one GDPR training in the correct handling of this data. Each staff member has a unique username and password to access this information. The access codes provided to our staff are complex and updated on a regular basis. We also keep automated log-in records.
Website security: We have implemented robust security tools to protect our website from potential threats such as malware attacks, DDoS attacks, hacking, amongst others. Staff are regularly trained on the dangers posed by phishing attacks. In addition, we have further plans to implement 2-Step Authentication functionality (also known as two-factor authentication) which adds an extra layer of very robust technical security.)
Breach Notification: Under General Data Protection Regulation (EU) 2016/679 if the personal data that you store about you has been compromised in any form, we will report the breach to the Data Protection Commission (via Group Privacy Officer Officer) within 72 hours, in line with specified timescales in Article 33 GDPR. We have procedures in place to detect, report and investigate a personal data breach and will comply with these and review them on a regular basis. If a data breach is likely to bring harm to you the ‘individual’ (such as identity theft or breach of confidentiality) you will also be notified without undue delay. Overall, hopefully this outlines how your data will be robustly secured, via a range of technical security measures and working procedures at Panda.
- DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the specific purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and most notably, any applicable legal obligations for retention timeframes.
Your personal data shall not be kept for longer than is necessary for the purpose outlined above. Panda maintains a data destruction schedule whereby periodic purging of data that is beyond the assigned retention period is assigned to an individual with a due date.
All records involved in any criminal investigation, litigation or audit will not be destroyed until no further legal basis exists for retention of the record. The processing of your personal data is limited by the period of retention and specifically listed in our defined retention policy and schedule.
- YOUR INDIVIDUAL PRIVACY RIGHTS
Under Data Protection law, you have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. The time limit for Panda to respond in full to these requests is usually one month.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. Also known as the “right to be forgotten,” this enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. (As with all Chapter III GDOR individual rights, these rights are not absolute and other competing privacy rights and responsibilities of Panda (as Data Controller), will be considered.)
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Right to Rectification- You are entitled to obtain from Panda, without undue delay, the rectification of inaccurate personal data concerning you. This will correct any inaccuracies you may feel we have about your data on record/file.
If you wish to avail of any of these rights, you should submit a written request to the Privacy Officer address listed on page 2 of this privacy statement. Other modes of communication are:
Contact Number: 01 8298989
NO FEE USUALLY REQUIRED
In line with GDPR individual rights enshrined in Chapter III, you will not have to pay a fee to access a copy of your personal data (or to exercise any of the other Chapter III individual rights). However, we may in some limited circumstances charge a reasonable administrative fee if your request is clearly unfounded, repetitive, or excessive.
WHAT WE MAY NEED FROM YOU
In line with Recital 64 GDPR (Identity verification), as Data Controller we may need to take reasonable measures to verify your identity. This is usually achieved by requesting a copy of your driving licence or passport for example, to verify identity before actioning your request. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. In very limited circumstances, it may take us longer than a month if your request is particularly complex that a disproportionate administrative burden exists. In this case, we will notify you and keep you updated.
- REVISIONS TO PANDA PRIVACY STATEMENT
Panda may revise this Privacy Statement from time to time. Changes to this Privacy Statement will be posted here so you should periodically check this page to review the most recent and up to date Privacy Statement.
Article 6 GDPR- Lawful Grounds for Processing Data
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. This balancing process is conducting by the Panda Privacy Officer in the form of a “legitimate interests assessment.” We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting the Panda Privacy Officer.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering such a contract.
Complying with a Legal or Regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that Panda is legally obliged to follow and comply with by law.
THIRD PARTIES (section 5 above)
INTERNAL THIRD PARTIES
Other companies in the Panda acting as joint controllers or processors and who are based Ireland and the United Kingdom and provide IT and system administration services and undertake leadership reporting.
EXTERNAL THIRD PARTIES
- Service providers acting as data processors-based Ireland and UK who provide IT and system administration services and miscellaneous support services to us.
- Professional advisers including lawyers, bankers, auditors and insurers based the EEA who provide consultancy, banking, legal, insurance and accounting services. Irish State Agencies such as Revenue, Local Authorities, and Law Enforcement Agencies such as the Garda Síochána and Department for Social Protection.
- GEOGRAPHICAL SCOPE
The geographical scope of the Panda website processing is currently limited to individual customers residentially based in the Republic of Ireland. If this scope is extended in time, this privacy notice will be altered accordingly to provide full transparency of countries where Panda operates.
- PANDA HEAD OFFICE
Ballymount Road Upper,