Privacy Policy

This privacy policy applies to all members, former members, employers and beneficiaries of the Scheme. It also applies to visitors to our website and other individuals who contact us or interact with us through our website and in other ways, such as advisers or other intermediaries. This privacy notice explains how Smart Pension Limited (Smart) and EC2 Master Limited, the Trustee of the Scheme (Trustee), use and protect the personal information that they hold about you. The Trustee is responsible for governance in relation to the Scheme. Smart provides the platform (the Smart Pension Platform) and services in relation to the Scheme. Contact details for Smart and the Trustee are set out at the end of this notice. Smart and the Trustee are both "controllers" for the purposes of the data protection laws being, with effect from 25 May 2018 the GDPR or General Data Protection. In this privacy notice, the "Data Protection Laws" means the GDPR together with all other applicable legislation relating to privacy or data protection in force from time to time. You should share this notice with your family and dependants where you have provided us with personal information about them (and where it is reasonable to do so).

For more information about GDPR, you can refer to our GDPR FAQ factsheet here.

What is personal information?

Personal information broadly means information that identifies (or which could, with other information that we hold or are likely to hold, identify) a living individual. This includes any information provided to us by or on behalf of you, the Scheme's employers or HM Revenue & Customs in relation to your membership of the Scheme.

What types of personal information about you might we hold?

We collect and process the information about you that you provide:

  • By filling in forms on our website, whether when you register with us, request information, report problems or require additional services.
  • By corresponding with us and our service providers (such as by the secure mail in your account area, email, letter, text, phone or otherwise).
  • In response to a survey request.
  • Through your distribution of any referral or affiliate link.

We also collect and process information about you that is provided to us by the Scheme's employers or by HM Revenue & Customs. We may hold and process any or all of the following personal information about you:

  • Personal details such as your name, gender, age, date of birth, contact details (e.g. your address and postcode, email address, telephone and mobile numbers), and identifiers such as your National Insurance number, pension or member reference number and employee number (where applicable).
  • Details of your family, lifestyle and social circumstances. This could include details about your current marriage or civil partnership, any previous relationships and details of your family and dependants.
  • Employment details such as your earnings, length of service, employment and career history, recruitment and termination details, absence record, job title and job responsibilities.
  • Other financial details such as any other income, other pension arrangements, bank account details (e.g. to process pension payments) and your tax code.
  • Information about your physical or mental health (where there is a legal basis for the processing of such data under the Data Protection Laws – see below).
  • Information about criminal convictions if these relate to money owed to the Scheme's employers in circumstances where they are entitled to be reimbursed from your benefits.

Additional information Smart may hold about you

Smart may also collect details about your visits to our website, including your IP address, browser type, traffic data, length of visit, resources used or viewed, location data, operating system and similar information. Smart uses cookies when you visit our website (unless your browser settings do not allow this). Please visit our Cookie Policy for more details about our use of cookies.

Why do we hold this information?

The Trustee holds your personal information because we need it to administer the Scheme. Without your personal information, we cannot provide you and your dependants with the correct benefits, at the right time. For example, we may need this information to verify your membership of the Scheme, to calculate your pension or to assess whether you are entitled to a specific benefit or how the tax rules apply to you.

We may use unique identifier information, such as your National Insurance number, passport number, pension or member reference number and employee number (where applicable) for the purposes of sending communications to you and verifying your identity.

In some instances, we may need to hold and process information relating to your physical or mental health, for example if you are applying for a pension on grounds of ill-health. We will ask for your explicit consent to this, unless there is an alternative legal basis for processing this information under the Data Protection Laws. Once you have given your consent, you can withdraw it at any time by writing to us using the contact details below.

Smart holds your personal information in connection with its role as provider of the Scheme, for example, it may need this information to process your queries, verify your identity or carry out business processes. Smart may also provide you with information in relation to other products and services available on the Smart Pension Platform which you have asked for or which we think may be of interest to you.

Using your information in accordance with Data Protection Laws

Data Protection Laws require us to meet certain conditions before we are allowed to use your personal information in the way described in this privacy notice.

Smart and the Trustee rely on a condition that allows us to use your personal information to comply with our legal obligations in relation to the Scheme. We also rely on a condition known as 'legitimate interests' in order to use this information in the way described in this privacy notice. It is necessary for our legitimate interests to collect and process your personal information as we need this to administer the Scheme, to provide benefits for you and your dependants and to give you access to the other products and services available on the Smart Pension Platform.

We will keep the amount of personal information collected and the extent of any processing to a minimum.

We will only process 'sensitive' or 'special categories' of personal information under the Data Protection Laws (e.g. information about your health) where you have explicitly consented to this or where there is an alternative legal basis for processing this information under the Data Protection Laws (e.g. it is required by law). This may mean that you will be asked to sign consent forms in the future. If you don't consent to our processing this information when asked to do so, it may mean that we are unable to pay benefits to you or your dependants. Once you have given your consent, you can withdraw it at any time by writing to us using the contact details below.

We will only process information about criminal convictions if these relate to money owed to the Scheme's employers in circumstances where they are entitled to be reimbursed from your benefits and either you consent to this or the processing is necessary for the exercise of a legal claim.

What do we do with the information?

We may use your personal information for a number of purposes relating to the administration of the Scheme, including the following:

  • To calculate and pay benefits. This includes providing you with details of your benefits and options under the Scheme and dealing with any queries that you have about these.
  • To carry out our obligations arising from any agreement that we have with, or concerning, you and to provide you with the information, benefits and services that you request from us.
  • To notify you about services provided to members of the Scheme and any changes to those services or to enable you to access those services.
  • For statistical, financial modelling, funding, accounting and reference purposes.
  • For internal record keeping.
  • For risk management purposes, including the insurance or management of risks or of the Scheme's benefits.
  • Complying with our legal obligations, any relevant industry or professional rules and regulations or any applicable voluntary codes.
  • Complying with demands or requests made by any relevant regulators, government departments and law enforcement or tax authorities or in connection with any disputes or litigation.
  • In connection with any sale, merger, acquisition, disposal, reorganisation or similar change of Smart Pension Limited's business.

In addition, Smart may use your information:

  • To ensure that our website is as fast and efficient as possible, and compatible with your software and settings.
  • To enable our sub-contractors to provide aspects of our services to you.
  • To analyse and improve the services we provide.
  • To allow you to use different resources and materials on our website.
  • To allow you to access certain details about your benefits via Alexa skill or Google Home (please also see our Terms and Conditions).
  • To personalise the way information on our website is presented to you.
  • To allow you to share content and materials on our website via social media or other communication means.
  • To give you information on products and services which you have asked for or which we think may be of interest to you.
  • To track the use of referral links you have shared.

Marketing

We may use your information 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.

You will receive marketing messages from us (including relating to the products and services of third parties available through the Smart Pension Platform) if you are a member or have otherwise requested information from us and have not opted out of receiving that marketing. We may also send you marketing communications if we have received your express consent to do so including where we have collected your details in connection with other purposes and you have agreed to receive marketing from us. You can stop receiving marketing messages from us at any time.

You can do this:

  • By clicking on the 'unsubscribe' link in any email
  • By contacting us at contact privacy@smartpension.co.uk.
  • Once you do this, we will update your profile to ensure that you don't receive further marketing messages.
  • Stopping marketing messages will not stop service communications (such as pension updates).

How long do we keep your information for?

We will hold your personal information on our systems for as long as is necessary for the Scheme to provide benefits to you or your dependants.

So, for example, if your pension is paid from the Scheme when you retire, we will hold your information for the rest of your life, until your pension ceases on your death. If a pension is payable to any of your dependants after your death, we will then continue to hold your information until their pensions cease. We will then continue to hold your information for an indefinite period after all benefits payable to you and your dependants have ceased, in case there are any further queries about your membership of the Scheme.

If you cease to be a member of the Scheme (e.g. because you transfer your benefits to another pension arrangement), we will hold your information whilst you are a member and then for an indefinite period after you cease to be a member, in case any further queries arise about your membership of the Scheme.

Who do we share the information with?

Where appropriate for the purposes of administering the Scheme and providing the other products and services on the Smart Pension Platform we may share your information with:

  • The Scheme's administrator, which is currently Smart Administration (UK) Limited, company number 11120924 and with registered office at Smart Pension Ltd, 40 Eastbourne Terrace, London W2 6LG, United Kingdom . The administrator uses the information to administer the Scheme, including to calculate and pay benefits.
  • The Scheme's professional advisers. This includes the Scheme's legal advisers Pinsent Masons LLP. These organisations use the information when advising the Trustee and carrying out their professional obligations.
  • The Scheme's insurers and annuity providers (and other insurers or brokers for the purpose of obtaining quotations relating to the Scheme or its benefits), investment managers, banks and other service providers.
  • Any financial adviser or other organisation appointed by the Trustee or Smart Pension Limited to advise you about your options under the Scheme or any adviser appointed by you where you have asked us to provide them with details of your benefits under the Scheme.
  • Any other person who is authorised to act on your behalf.
  • Companies within the Smart Pension Limited group and their professional advisers.
  • Regulators, government departments, law enforcement authorities, tax authorities and insurance companies.
  • Any relevant ombudsman, dispute resolution body or the courts.
  • Persons in connection with any sale, merger, acquisition, disposal, reorganisation or similar change in the Smart Pension Limited business.
  • Third parties who provide products and services available through the Smart Pension Platform.

The entities listed above may also share personal data with their own business suppliers, for example in relation to the operation of IT systems or where they outsource part of their services.

Smart may also share personal data with third party service providers to process your information on our behalf. These third parties will be required to strictly comply with the instructions of Smart.

Some of these entities may also be controllers under the Data Protection Laws. However, in the first instance you should contact Smart and the Trustee using the contact details below if you have any queries about how they use your personal information.

Please note that some of the Scheme's former service providers may continue to hold information about you for their own record keeping purposes once they have ceased to be involved with the Fund.

Where we store your personal data

The data that we collect from you may be transferred outside the UK or the EEA where the Scheme's service providers host data outside the UK or the EEA. This will be governed by the Data Protection Laws.

Further, if you live or work outside of the UK or the EEA, we may need to transfer your personal data outside of the UK or the EEA to respond to any queries that you may have. Where this applies, we will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy notice.

Your rights in relation to your personal information

The accuracy of the information that we hold about you is important to us. If any of the information that we hold is inaccurate or out of date, please let us know using the contact details set out at the end of this notice.

You have a number of rights under the Data Protection Laws in relation to the way we process your personal data, namely:

  • To access your data.
  • To have your data rectified if it is inaccurate or incomplete.
  • In certain circumstances, to have your data deleted or removed.
  • In certain circumstances, to restrict the processing of your data.
  • To claim compensation for damages caused by a breach of the Data Protection Laws.

If you wish to exercise any of these rights, please let us know using the contact details set out at the end of this notice.

We will aim to respond to any request received from you within one month from your request. Access to your data will usually be provided free of charge, although in certain circumstances we may make a small charge where entitled to do so under the Data Protection Laws.

Please note that we may be unable to delete or remove your data whilst we still need this to administer the Scheme – see the section 'How long do we keep information for?' Above.

We use cookies on www.smartpension.co.uk primarily as a way to offer our customers a better user experience. For example, frequently used information such as your name, email or company name will be saved in a cookie and referenced by the browser to save having to repeatedly type this information in when returning to our website. This is done by collecting certain pieces of personal data about you in a small data file, known as a cookie, which is stored on your computer or other internet device. This is a very common practice with websites and the cookies we use cannot harm your computer in any way. Please note that we will never store payment or transactional information.

By accessing our website, with your browser set to enable cookies, you agree and consent to our use of cookies as set out in this policy.

Types of cookies we use:

  • Account and other user details: As mentioned above we store your email address, settings, details of your previous visits to the website, and other account related details so that you can more easily use the features on our website. We may also store information provided in a survey form, or details given when you have requested information from us.
  • Statistics: We use a number of tools like Google Analytics to better understand how our website performs and where to improve it. These tools may collect various pieces of information through use of cookies, such as the type of browser or platform you use, your IP address, location, timings, browsing patterns, and other details about your use of our site. We use this information to see the total figures and patterns for visitors to our website (we do not see any individual data).
  • Social sharing: We have enabled sharing so you can share our content on various social media sites. As a result, these third party websites (such as LinkedIn or Facebook) may use a cookie on your computer or other device if you use these sharing options, or if you are logged into your social media profile while accessing our website.
  • Customer service: We have customer interactive tools like Live Chat and support FAQs. These tools use a cookie so that, should you wish to continue a previous conversation, you can pick up where you left off.

If you wish to remove these cookies from your computer, or to disable the use of cookies completely, you can do this at any time via the settings in your browser. Please remember that this will mean you have to enter all your account details when logging into your account area, and may adversely affect other functionality on the website.

Any complaints?

If you are not happy with the way in which your personal information is held or processed, please contact us using the details below. You also have the right to complain about data protection matters to the Information Commissioner's Office (ICO).

The ICO is the UK's independent body set up to uphold information rights. You can find out more about the ICO on its website. The ICO can be contacted by calling 0303 123 1113.

Changes to this privacy notice

This privacy notice is current as at 25 May 2018. We keep our privacy notice under regular review, and may change it at any time. We will tell you about any significant changes.

Contact us

If you have any queries about this privacy notice, or wish to exercise any of the rights above, please contact privacy@smartpension.co.uk. If you have any other questions about the Scheme, please contact claire.altman@smartpension.co.uk.