Market stalls and street trading licensing - Privacy notice
We host numerous markets and hold traditional weekly markets on Thursdays and Saturdays and a Farmer’s Market every third Friday of the month.
Processing activity - in order to provide a market stall and street trading licensing service, it is necessary for us to collect and hold personal information about you. The information collected and held will vary and depend on the nature of the service. In general terms, we process personal information relating to:
- applications for and grant of temporary or casual licences (market trader);
- applications for and grant of permanent licences (market trader);
- application forms for and grant of temporary or casual licences (street trading)
- application forms for and grant of permanent licences (street trading)
- challenges to refusal of licence(s);
- card payments for licence fees;
- investigating and if applicable, prosecuting for illegal trading;
- general correspondence between you and us on matters related to the market stalls and street trading licensing service
Information requirements - our processing activities may include:
- your address, telephone number, email address;
- address of premises used for storage of stall/food;
- age and date of birth;
- National Insurance Number;
- trading name;
- business interest(s);
- passport /driving licence details;
- passport size image(s);
- proof of right to work in the UK (if subject to immigration control only);
- previous offences declaration(s) including alleged offence(s) and Police National Database checks;
- public liability insurance certificate(s);
- registration card(s);
- street trading consent(s), refusal(s) and revocation(s);
- basic food hygiene/Level 2 certificate(s);
- food business registration form(s);
- food hawker registration details
Lawful bases1 - our lawful bases for processing your personal information are:
- UK GDPR Article 6(1)(a) - consent for our marketing activities (in connection with Love Your Local Market Campaign)
- UK GDPR Article 6(1)(c) - our legal obligation(s) under the Highways Act 1980
- UK GDPR Article 6(1)(c) - our legal obligation(s) under the Local Government (Miscellaneous Provisions) Act 1982 - Schedule 4
- UK GDPR Article 6(1)(e) and section 8(c) Data Protection Act 2018 - in the public interest or in the exercise of official authority vested in the Data Controller (in accordance with the legislation referred to above)
- UK GDPR Article10 as supplemented by sections 10(5) and 11(2) & Schedule 1, Part 2, para.10 (unlawful acts) and para.14 (fraud) of the Data Protection Act 2018
We have a Data Protection Policy that sets out how criminal convictions and offences data will be handled.
Data Processor - we use MACCS (Market and Town Centre Management System) to transfer your personal information, to and from the hand held system used by our officers out on the market. This company is a data processor for us and only processes personal information in line with our instructions.
Data sharing - we may collect and share your information with a number of other organisations for example the Police, Border Force, HM Custom and Excise, HMRC, Cabinet Office (as part of the National Fraud Initiative) and Kent County Council’s Trading Standards for the purposes of prevention and detection of crime. We may also rely on a number of exemptions, which allow us to share information without needing to comply with all the rights and obligations under the Data Protection Act 2018. Please refer to the Kent and Medway Information Agreement for further details on our sharing arrangements.
Retention period - we keep your personal information for the minimum period necessary. The information outlined in this Privacy Notice will be kept for seven years from the date of the file closure unless exceptional circumstances require longer retention eg: a pending court case. All information will be held securely and disposed of confidentially.
Marketing - we will ask you for your consent to be contacted by us in connection with the Love Your Local Market Campaign. If you consent, you have the right to withdraw your consent at any time. You can do this by clicking the opt-out/unsubscribe link at the bottom of our communications or by writing to us at the address given in our communications.
We will not sell your personal information to third parties.
Right to object - where processing your personal information is required for the performance of a public interest task (see our lawful bases above), you have the right to object on ‘grounds relating to your particular situation’. We will have to demonstrate why it is appropriate for us to continue to use your personal data.
Changes to this Privacy Notice - we review this Privacy Notice regularly and will place updates on our website.
Please refer to our Corporate Privacy Notice for further details of how we process your personal information and for details on your additional rights.
1 Note that we may process your personal information on more than one lawful basis depending on the specific purpose for which we are using your information
GDPR Privacy Notice for Market Stalls and Street Trading Licensing