Safeguarding and Security Privacy Notice
The date this privacy notice was last revised was 05 September 2018.
This notice explains how Westfield Europe Limited (referred to in this notice as we, us or our) collects and uses personal information in our shopping centres for security and safeguarding purposes. Security relates to the prevention and detection of alleged or actual criminal activity. Safeguarding refers to the collection of personal information on accidents and incidents within our centres. The notice also covers the processing of personal data on exclusion orders.
This notice covers the following:
The Table at the end of this notice provides an overview of the personal information that we collect, the purposes for which we use that data, the legal basis which permits us to use your personal information and the rights that you have in relation to your personal information.
Our contact details are as follows:
Address: Data Protection Officer, 4th Floor, 1 Ariel Way, London, W12 7SL
We have appointed a Data Protection Officer (DPO) who has responsibility for advising us on our data protection obligations. You can contact the DPO at the above address or by Email.
Personal information is any information that tells us something about you. This could include information such as your name, contact details, images captured on Closed Circuit Television Video (CCTV), Body Worn Video (BWV), photographs and pertinent information on accident/injuries and alleged or actual incidents or criminal activity within our centres. This could include health and medical related information.
We collect personal information about you from various sources including:
· through the operation of CCTV, BWV and SNPR in and around our centres;
· collecting information required for us to record accidents and injuries, from the parties affected and witnesses;
· information on alleged or actual criminal activity or incidents, from the parties involved and witnesses; and
· monitoring of publicly available social media information for potential security threats.
We collect the following categories of personal information:
· personal contact details such as name, title, address, telephone number;
· date of birth;
· CCTV and Body Worn Video footage;
· Vehicle licence plate information;
· information about health and medical information where required for accident and serious illness reporting;
· details of any security incidents, injuries, or alleged damages to personal property; and
· information about alleged or actual offences or anti-social behaviour committed, including details to help identify individuals.
We use your personal information for the following purposes:
· to help maintain security within our centres and keep the public safe;
· to maintain legally required documentation;
· to deal with legal disputes involving you or others, including accidents/injuries or damage to personal property within our centres;
· to comply with health and safety obligations;
· to prevent and detect criminal or potential criminal activity;
· to identify offenders and anti-social behaviour in order to submit reports about such individuals to members of retailer crime prevention and exclusion schemes, , and to provide information about such events that may be necessary to protect the personal safety of scheme members, their staff and customers; and,
· for insurance purposes
Under data protection legislation we are only permitted to use your personal information if we have a legal basis for doing so. We rely on the following legal bases to use your personal information for security and safeguarding purposes where:
· we need to comply with a legal obligation;
· it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
· we need to protect your or someone else's interests;
· it is needed in the public interest or for official purposes;
· information is required in preparation for or in defence of a legal claim; or
· required for the prevention and detection of crime.
The Table at the end of this notice provides more detail about the personal information that we use, the legal basis that we rely on in each case and your rights.
Where we are legally obliged to collect personal information the provision of this information will be mandatory.
For alleged or actual criminal activity, personal information may be collected by the Police where refused to be provided to us.
Failure to provide personal information which you later rely upon in preparing or making a legal claim could result in your claim being dismissed and/or unsuccessful.
We may share personal information in the following ways:
· with Westfield LLC, another member of the Westfield Corporation group, as part of our reporting activities on security and safeguarding;
· with our joint venture partners of Westfield London and Westfield Stratford City;
· where we use service providers who process personal information on our behalf in order to provide services to us. This includes our security providers, Securitas;
· with regulators, including the Health and Safety Executive, where we are required to do so to comply with our regulatory obligations;
· with law enforcement agencies and government agencies for the prevention and detection of crime. This could include the Metropolitan Police Service, National Crime Agency, British Transport Police, National Counter Terrorism Security Office, Border Agency, and Customs and Excise. Data Sharing Agreements will be in place where required;
· with members of retailer crime prevention partnerships for crime prevention and detection of persons subject to exclusion orders and Business Improvement Districts;
· with the emergency services in the case of serious accident or illness;
· where we are required to do so by law; and
At Westfield we take the security of all the personal information we hold very seriously. We are committed to protecting your personal information and implement appropriate technical security measures to protect it. We adhere to all required security standards and our centres and corporate networks are independently tested on an annual basis. We have a framework of policies, procedures along with internal user training in place covering data protection, confidentiality and cyber security. Security controls are regularly tested for the appropriateness of the measures we have in place to keep the data we hold secure.
When data is transferred to countries outside of the UK and the European Economic Area those countries may not offer an equivalent level of protection for personal information to the laws in the UK. Where this is the case we will ensure that appropriate safeguards are put in place to protect your personal information.
The countries to which your personal information is transferred and the safeguards in place are detailed below:
United States of America: Safeguarding information is accessible by Westfield LLC, a member of the Westfield Corporation group in the United States of America. Access to this personal information is strictly limited and is for monitoring and risk management purposes. The legal mechanism for the transfer of this data is Model Contractual Clauses approved by the European Commission.
Personal injury records
Adults: 10 years.
Minors: 21 years.
Records relating to damage to property: 6 years.
Standard retention of CCTV footage is 30 days.
Footage of personal injury: Adults for 4 years; Minors for 4 years after 16th birthday.
Footage of property damage: 7 years.
30 days unless required by judicial agencies
Exclusions orders and retail crime prevention partnerships
If you are reported by a scheme Member for participating in any threat or damage to any Member’s property, staff or customers, your name and facial image may be shared among Members for 12 months; it will be retained for a further 12 months by Westfield Europe Limited.
If during the 12 months you are reported for another such incident your name and facial image will be circulated among Members for 24 months from the date of the second report. Any further report during this 24-month period will result in the extension of this period by a further 24 months from the date of such report. If no further report is submitted by a Member during that period, your data will be withdrawn from Members; it will be retained for a further 12 months in our database.
Exceptions to stated retention periods
We may need to retain records or CCTV footage beyond these stated retention periods, for example where a law enforcement body or regulatory body such as the Health and Safety Executive are investigating a crime or incident, or in preparation for or in the defence of legal claims.
You may have a number of rights in relation to your personal information, these include the right to:
· be informed about how we use your personal information;
· obtain access to your personal information that we hold;
· request that your personal information is corrected if you believe it is incorrect, incomplete or inaccurate;
· request that we erase your personal information in the following circumstances:
o if we are continuing to process personal information beyond the period when it is necessary to do so for the purpose for which it was originally collected;
o if we are relying on consent as the legal basis for processing your personal information and you withdraw consent;
o if we are relying on legitimate interest as the legal basis for processing your personal information and you object to this processing and there is no overriding compelling ground which enables us to continue with the processing;
o if the personal information has been processed unlawfully (i.e. in breach of the requirements of the data protection legislation); or
o if it is necessary to delete the personal information to comply with a legal obligation;
· ask us to restrict our data processing activities where you consider that:
o personal information is inaccurate;
o our processing of your personal information is unlawful;
o where we no longer need the personal information but you require us to keep it to enable you to establish, exercise or defend a legal claim; or
o where you have raised an objection to our use of your personal information;
· request a copy of certain personal information that you have provided to us in a commonly used electronic format;
· object to our processing of your personal information where we are relying on legitimate interests or exercise of a public interest task to make the processing lawful. If you raise an objection we will carry out an assessment to determine whether we have an overriding legitimate ground which entitles us to continue to process your personal information; and
· not be subject to automated decisions which produce legal effects or which could have a similarly significant effect on you.
If you would like to exercise any of your rights or find out more, please contact our Data Protection Officer using the contact details provided above. The Table at the end of this notice provides more detail about the personal information that we use, the legal basis that we rely on in each case and your rights.
If you have any complaints about the way we use your personal information please contact our Data Protection Officer who will try to resolve the issue. If we cannot resolve your complaint, you have the right to complain to the data protection authority. In the United Kingdom this is the Information Commissioner’s Office (ICO). Westfield Europe Limited is registered with the ICO with registration number Z5539526.