- Website Visitor Tracking
- Use of Personal Data
- Your Rights Under the Data Protection Act 1998
- Subject Access Requests
- Automated Decisions
- Direct Marketing
- Complaints to the Commissioner
- Compensation for Damage or Distress
- Making a Subject Access Request
- Data Control
- Purpose of Data Collection
- Use of Personal Information
- Data Processing
- Time Limit on Stored Data
- Automated Decision Making
- Your Rights
- Information Commissioner’s Office
- Complaints Procedure
- What is a complaint?
- How do I complain?
- What can I complain about?
- What can’t I complain about?
- Who can complain?
- How long do I have to make a complaint?
- What happens when I have complained?
- Stage 1: Frontline Resolution
- Stage 2: Investigation
- What if I am still dissatisfied?
- Complaints involving more than one service
- Complaints involving another organisation
- Unacceptable Behaviour by Customers
- Quick Guide to Complaints Procedure
- CCTV Policy
This privacy statement is the privacy notice for all LiveArgyll services. We will use your details to provide you with the service(s) which you, or your representatives, have asked us to provide. We will also use your personal details for purposes of crime prevention and crime detection and/ or when required by law and will share it with other public bodies for that purpose.
LiveArgyll is a Scottish charity (No SC047545) incorporated under the Companies Acts and limited by guarantee, registered in Scotland with Company No 569568. It’s registered offices are at Community Centre, Manse Brae, Lochgilphead PA31 8QX. In terms of the Data Protection Act 1998, LiveArgyll is the data controller of any personal information provided to or gathered by us.
What are cookies? Cookies are small files saved to the user’s computer hard drive that track, save and store information about the user’s interactions and usage of any website. This allows the website, through its server to provide the user with a tailored experience.
If users prefer to deny the use and saving of cookies on their device’s hard drive, they should either deny permissions on their first visit to our site or else take control of security settings on their preferred browser.
LiveArgyll does not sell or rent your personal details to any external organisations. We presume that by providing details in relation to services we provide, you are consenting to LiveArgyll utilising those details for their intended purpose. We will not use your personal details for any other purpose without first obtaining your permission. Please be aware that you may have provided this additional consent at a previous time (for example, on an additional section on an application form).
In relation to outstanding money owed, we may share your information with Debt Management Partners and the Courts. We may also share your information for the same purposes with other public organisations, including credit reference agencies, for the purposes of prevention and detection of fraud, and confirming inhabitants of a particular address.
LiveArgyll carries out statistical analyses of information we hold in order to monitor our performance in various areas and improve service delivery. These anonymised statistics may be published or shared with other organisations or individuals, but they are guaranteed to be devoid of identifying specifics.
You have a number of Rights under the Data Protection Act 1998 (DPA) regarding how your data is processed. As a minimum you should be given fair processing information, which is sometimes referred to as a privacy notice or statement. LiveArgyll’s online privacy statement constitutes our general approach to how we process personal information, and can be found above. There may be other more specific privacy notices or statements you will have been given or made readily available for a service you are obtaining from us, e.g. in an online or offline form, public notice, or verbally.
You have the following fundamental rights in respect to how your data is processed:
The right to request (in writing) a copy of your personal data held by us, given to you in a permanent form. You are entitled to request:
- a description of the personal data being processed
- a description of the purposes for which it is being processed
- a description of any likely recipients
- any information on the source of this data
- where any automated decisions have been taken, the ‘logic’ behind these decisions
You have the right, by notice, to prevent any automated decisions
You have the right to deny or demand cessation of processing of your personal data for the purpose of direct marketing
You have the right to ask the Information Commissioner to carry out an assessment of the processing of your personal data if you believe it directly affects you (causes ‘damage’ or ‘distress’) to determine whether the processing is undertaken in accordance with the law.
You may be entitled to compensation if you suffer ‘damage’ or ‘distress’ as a result of a contravention of any provision of the DPA in regards to the processing of your personal data.
- make the request in writing
- supply information to prove who you are (to eliminate risk of unauthorised disclosure)
- supply appropriate information to help us to locate the information you require
The request should include details and provide evidence of who you are (e.g. driving licence, passport, birth certificate, utility bills).
You should also provide as much detail as possible regarding the information you wish to access (e.g. where and by whom information is believed to be held, specific details of information required).
This list is not exhaustive and other forms of identification may be acceptable. At least one form of identification should contain the same signature that is on your application form or letter and one must include a photograph. Please note that LiveArgyll will not be able to comply with any requests received unless satisfactory proof of identification is provided.
You are not required to state WHY you wish to access the information; the details we require are merely those that will aid the efficient location and retrieval of information.
Once we receive a Subject Access Request, all efforts will be made to fully comply within 40 days. You will receive all the information that has been located and can be released within 40 days and an explanation for any information that cannot be provided at that time.
Upon receipt of a request we must provide:
- information on whether or not the personal data has been processed
- a description of the data, purpose of collection, and recipients
- a copy of the data
- an explanation of any codes or jargon contained within the data
Argyll and Bute Council will act as the Data Controller for LiveArgyll for the personal data you provide to us. The Data Protection Officer, Iain Jackson, is responsible for ensuring personal data is managed in accordance with data protection legislation and can be contacted, but in the first instance, for LiveArgyll, contact should be made with Diane McMillan, Business Support Manager.
Address: Diane McMillan, Business Support Manager, Community Centre, Manse Brae, Lochgilphead PA31 8XQ
Email: firstname.lastname@example.org or email@example.com
Telephone: 01546 604232
Address: Iain Jackson, Governance and Risk Manager, Argyll and Bute Council, Kilmory, Lochgilphead PA31 8RT
Email: firstname.lastname@example.org or email@example.com
Telephone: 01546 604188 or 01546 605522
You are giving us your personal information to allow LiveArgyll to administer the process for:
|Memberships||Consent Forms||GP Referrals||Payments|
|Archive Loan Agreement||Direct Debit Form||Complaints||Bookings|
|Welcome Form||Lost Property||Comments||Waiting Lists|
We need to know this information in order to:
- provide services to you
- verify your identity if required
- maintain our records
If you do not provide this information then we will be unable to provide those services to you, and we will be unable to maintain an accurate record which may for the reference for other services. We will not collect any personal data from you that is not required for delivery of those services.
The lawful basis for processing your information in these circumstances is Performance of a contract.
We will use your details to process your welcome information. The information will include details such as your name, address, and email address.
No third parties will have access to your personal data unless there is a legal obligation for us to provide it.
All the information we collect from you will be processed by staff in the United Kingdom. Your data will be stored on servers located within the United Kingdom, and data will not be processed outside of the European Union. We will take all reasonable steps to ensure that your data is kept securely. More information on how we do this can be provided by the Data Protection Officer if required.
We will keep your personal data for no longer than reasonably necessary.
|Service||Data held for|
|Membership||1 year from end of membership|
|Consent Form||5 years from end of booking|
|GP Referral||3 years from end of referral period|
|Payments||6 years from end of financial year in which transaction took place|
|Archive Loan Agreement||3 years from end of calendar year in which loan ends|
|Direct Debit Form||6 years from end of direct debit|
|Complaints||5 years from the last action on the complaint|
|Bookings||5 years from end of booking|
|Welcome Forms||1 year from end of direct debit|
|Lost Property||1 year from when loss was recorded|
|Comments||1 year from when the comment was submitted|
|Waiting List||3 years from when information was recorded|
After this period, if no longer required for the lawful purpose(s) for which it was obtained, it will be destroyed under secure arrangements. More information on our retention schedules can be provided by the Data Protection Officer if required.
Your data will not be used in automated decision making.
When you provide information to LiveArgyll, you have the following rights:
- to withdraw consent at any time, where the lawful basis specified above is consent
- to lodge a complaint with the Information Commissioner’s office
- to request access to your personal data. Please contact the Data Protection Officer if you wish to submit a request
- to data portability, where the legal basis specified above is a) consent or b) performance of a contract
- to request rectification or erasure of your personal data, as far as the legislation permits. Please contact the Data Protection Officer and provide details of what data you wish to be rectified or erased
You can find out more about your rights in relation to data protection here: www.argyll-bute.gov.uk/data-protection or from the Data Protection Officer, Iain Jackson by telephone or in writing.
The ICO is the UK’s independent body set up to uphold information rights.
Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone: 0303 123 1113
The Information Commissioner’s Office – Scotland
45 Melville Street, Edinburgh, EH3 7HL
Telephone: 0303 123 1115
LiveArgyll is committed to providing high quality services for the people in Argyll and Bute. However, sometimes things can go wrong and when they do we need to know so we can put them right and learn from them. The following describes our complaints procedure and how to make a complaint. It also tells you about our service standards and what you can expect from us.
We welcome and value complaints because this feedback helps us improve our services and ensures our customers are treated fairly.
The complaints procedure aims to be:
User-focused: it puts the complainant at the heart of the process
Accessible: it is clearly communicated, easily understood and available to all
Simple and timely: it has as few steps as necessary within an agreed and transparent timeframe
Thorough, proportionate and consistent: it should provide quality outcomes in all complaints through robust but proportionate investigation and the use of clear quality standards
Objective, impartial and fair: it should be objective, evidence-based and driven by the facts and established circumstances, not assumptions, and this should be clearly demonstrated
Seek early resolution: it aims to resolve complaints at the earliest opportunity, to the service user’s satisfaction wherever possible and appropriate
Deliver improvement: it is driven by the search for improvement, using analysis of outcomes to support service delivery and drive service delivery improvements
A complaint is ‘an expression of dissatisfaction about LiveArgyll’s action or lack of action, or about the standard of service provided by or on behalf of LiveArgyll’.
You should make your initial complaint by filling in our complaints form or by phoning 01369 708664.
You can also make your complaint by email: firstname.lastname@example.org, in person, or in writing to any LiveArgyll office.
When complaining, please tell us:
- your full name and address
- as much as you can about the complaint
- what has gone wrong
- how you want us to resolve the matter
Examples of what can be dealt with under LiveArgyll’s complaints procedure:
- Failure to provide a service
- The standard of service provided
- The treatment by, attitude or conduct of a member of staff
- Delays or refusal to give advice or answer questions in response to enquiries or requests
- LiveArgyll’s failure to follow the proper administrative process
- Dissatisfaction with the way in which a LiveArgyll policy has been applied
- Dissatisfaction with LiveArgyll’s policies
Examples of what can’t be dealt with under LiveArgyll’s complaints procedure:
- A first-time request for a service
- A request for compensation only
- Where there is a statutory or other formal right of appeal
- Insurance claims or potential claims concerning injury to people or damage to property
- Matters which are currently subject to court proceedings or have already been heard in court or at a tribunal
- A complaint which has already been investigated and a final decision given
If other procedures or rights of appeal can help you resolve your concerns, we will give you information and advice to help you.
Any person or organisation who receives, requests or is affected by the services of LiveArgyll can make a complaint, including the representative of someone who is dissatisfied with our service. We will take complaints from a friend, relative or an advocate, if you have given them your consent to complain on your behalf.
You can find out about advocates in your area by contacting:
Scottish Independent Advocacy Alliance: Tel: 0131 260 5380, Fax: 0131 260 5381, Website: www.siaa.org.uk
Normally, you must make your complaint within six months of:
- the event you want to complain about, or
- finding out that you have a reason to complain, but no longer than 12 months after the event itself
In exceptional circumstances, we may be able to accept a complaint after the time limit. If you feel the time limit should not apply to your complaint then please tell us why.
LiveArgyll wants to resolve complaints, to the satisfaction of the customer as early as possible in the process. This could mean an on-the-spot apology and explanation if something has clearly gone wrong and immediate action taken to resolve the problem.
We have a two-stage procedure, ‘Frontline Resolution’ (stage 1) and ‘Investigation’ (stage 2), which allows us two opportunities to resolve the complaints internally.
On being contacted by a customer we have to determine whether the issue raised is a complaint and our staff will have to consider, on the basis of the four key questions listed below, whether the complaint is suitable for frontline resolution.
What exactly is your complaint (or complaints)? – it is important that the member of staff is clear what you are complaining about, this may require additional information from you and further probing to get a full understanding of the issue.
What do you wish to achieve by complaining? – the outcome you want must be clarified at the outset in order to establish your expectations, and whether they can be satisfied.
Can this be achieved, or must we provide an explanation as to why not? – if the expected outcome can be achieved at this point, e.g., by way of an apology or by another means, then we should do it. If the expected outcome cannot be achieved, then we must provide you with an explanation.
Can it be resolved immediately? If not, who can assist in seeking Frontline Resolution? – if the member of staff is unable to deal with your complaint, e.g., because they are unfamiliar with the issues or area of service involved, they should pass the details to the appropriate LiveArgyll Complaints Co-ordinator in order that they can pursue a resolution at this stage.
Frontline resolution should be completed and you should be advised of the outcome within five working days of receipt of the complaint, although LiveArgyll expects that the resolution will be achieved as soon as possible.
In exceptional circumstances, where there are clear and justified reasons for doing so, LiveArgyll may extend the timescale for resolution for a period of no more than a further five working days. The reasons for the extension will be communicated to you.
If we can’t resolve the complaint at this stage, we will explain why and tell you that you can take your complaint to stage 2. You may choose to do this immediately or sometime after you get our initial decision.
A complaint will be escalated to this stage when:
- Frontline Resolution was attempted but you remain dissatisfied
- The issues are complex and will require detailed investigation
- The complaint relates to issues that have been identified as serious, high risk or high profile
Where a complaint has been escalated to stage 2, you will be sent an acknowledgement within three working days from the date on which the decision was taken to escalate the matter.
You should be provided with a full and final response as soon as possible but not later than 20 working days from the date on which the decision was taken to escalate it to stage 2.
In exceptional circumstances, where there are clear and justified reasons for doing so, the investigating officer should try to agree an extension of the timescale for the response with the customer. If the customer does not agree to an extension but the reasons are unavoidable, clear and reasonable then the Business Support Manager can grant the extension.
The outcome of the investigation should be communicated to you, by letter or email, whichever is the preferred method of contact.
If, after you have received the stage 2 response, you remain dissatisfied with the way we have dealt with your complaint you have the right to ask the Scottish Public Services Ombudsman (SPSO) to look at your complaint.
The SPSO cannot normally look at:
- a complaint that has not completed our complaints procedure (so please make sure that it has done so before contacting the SPSO)
- events that happened, or that you became aware of, more than a year ago
- a matter that has been or is being considered in court
The SPSO’s contact details are:
SPSO, Bridgeside House, 99 McDonald Road, Edinburgh, EH7 4NS
Freephone: 0800 377 7330
If your complaint relates to the actions of two or more services, then we must tell you which service will take the lead in dealing with the complaint and that you will receive one response covering all aspects of the complaint.
If you make a complaint about the service of another agency or public service provider but we have no involvement in the issue then we will refer you to the appropriate organisation.
We are aware that customers may act out of character in times of trouble or distress and that there may have been upsetting or distressing circumstances leading up to a complaint.
However, the actions of customers who are angry, demanding or persistent may result in unreasonable demands on LiveArgyll staff or unacceptable behaviour towards them. It will be for the member of staff to determine when they consider the behaviour of a customer to be unacceptable. They should confirm to the customer that they are no longer prepared to deal with the matter and refer the customer to an appropriate line manager.
You can make a complaint in person, by phone, by email or in writing.
We have a two-stage complaints procedure. We will always try to deal with your complaint quickly. If it is clear that the matter will need a detailed investigation, we will tell you and keep you updated on our progress.
Stage 1: Frontline Resolution
We will always try to resolve your complaint quickly, within five working days if we can. If you are dissatisfied with our response, you can ask us to consider your complaint at Stage 2.
Stage 2: Investigation
We will look at your complaint at this stage if you are dissatisfied with our response at Stage 1. We also look at some complaints immediately at this stage, if it is clear that they are complex or need detailed investigation.
We will acknowledge your complaint within three working days. We will give you our decision as soon as possible. This will be after no more than 20 working days unless there is clearly a good reason for needing more time.
For the purposes of detecting crime and for public safety, LiveArgyll monitors its facilities using CCTV surveillance systems. Footage will be deleted in accordance with our Retention Policy and any footage or still images copied to a portable storage device or medium will not be retained any longer than is necessary for such footage or images to be processed by the relevant investigative authority.