This privacy notice explains what personal information is collected, what it is used for and who it is provided to. The notice also describes why we require your data, and the legal basis on which it does this.
This privacy notice relates to our Corporate procurement service. It provides additional information that specifically relates to this particular service, and should be read together with our general privacy notice, which provides more detail on the questions below. Read the general privacy notice.
What personal information does this service use?
- Contact information including; your name, address, telephone number and email addresses;
- Identity information and documentation
- Organisation and business information
- Salary, age pension, length of service and other workforce information for replacement contracts when the Transfer of Undertakings(protection of Employment) Regulations apply
- Information contained in complaints and allegations of misconduct made during the course of a procurement exercise or subsequent delivery of a contract
- Information provided about breach of the grounds for exclusion set out in regulation 57 of the Public Contracts Regulation 2015
What is your personal information used for?
We use your personal data for the following reasons:
- To evaluate the proposals received in response to a call for quotation/tender referring to exclusion and award criteria as set out in the ITT or ITQ documentation
- Contacting you in connection with a procurement exercise
- Contacting you in respect of establishing or managing a contract between the Council and its suppliers
- To confirm that you are registered with HMRC for self-assessment tax purposes (where you are a self-employed trader, using your UTR number)
- To enable tenderers to price their bids for replacement contracts when the Transfer of Undertakings (Protection of Employment) Regulations apply
- Considering requests made under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.
What is the lawful basis we are relying on?
We use your personal data to carry out tasks that are in the Public interest, as well as providing services that we are under a statutory obligation to provide, for example under:
- The Local Government Act 2003
- The Public Contracts Regulations 2015 (regulations 56 to 67 inclusive)
- The Transparency Code 2015
- Other legislation cited in the Constitution of Manchester City Council, including Financial Procedural Rules and Contract Standing Orders.
We also use your personal data to comply with legal obligations and/or the necessity for the performance of a contract.
Article 6 basis:
- It is necessary to perform our public tasks (Art 6(1)(e))
- You have entered into a contract with us (Art 6(1)(b))
- It is required by law (Art 6(1)(c))
Article 10 basis:
Criminal data will only be used or processed because it is necessary for the fulfilment of our legal obligations. The law provides safeguards to protect the use of any information concerning criminal convictions.
- When the processing is authorised by EU or Member State Law (this means the Data Protection Act 2018 and any other laws set out by Parliament).
- There are necessary reasons in the substantial public interest.
- Legal Claims for the purpose or in connection with any legal proceedings, is necessary for the purpose of obtaining legal advice, or is necessary for the purpose of establishing, exercising or defending legal rights.
Where has the personal information come from?
- Personal information may be collected from suppliers as part of their tender submissions and ongoing contract management arrangements.
- Personal information may also be collected from existing suppliers where the re-procurement of a contract involves the transfer of staff from an existing employer to the new contract holder in accordance with TUPE legislation.
- Employee, Elected Member and service user personal information is collected for the purpose of making travel and hotel bookings.
- Personal information is collected from the supplier of the agency workers contract.
Who will we share your personal information with?
Your personal data is shared securely with the following organisations where it is both necessary and appropriate to do so:
- Procurement staff
- Council employees involved with the management of the contract or framework once awarded.
- Other public authorities and public partnerships (e.g. councils, schools, NHS providers, Police, government departments etc.)
- Enforcers and regulators, including the Local Government Ombudsman, the Care Quality Commission, Ofsted, HMRC and the Health and Safety Executive
- External consultants in the evaluation team of your submitted tender
- Voluntary and non-commercial sector organisations that help us deliver services
- People and organisations that have been nominated as referees by tenderers
- People and organisations that suppliers, service providers or contractors have asked us to provide a reference to
- Businesses that we contract with to help us deliver services
- Internal and External Auditors and Inspectors
- Cabinet Office
- Other Council departments
- In accordance with section 7 of the Council’s Data Protection Policy which provides additional areas where the Council may be required to disclose personal data.
- Professional bodies such as the General Medical Council or Law Society, in respect of alleged misconduct
- Debt recovery services, bailiffs and investigators where necessary to recover a debt owed to us. The Disclosure and Barring Services, Disclosure Scotland their equivalents in other countries (where a basic disclosure or DBS check is required in respect of a particular role) and agents who submit details to such an organisation on our behalf.
How long will we keep your information?
Our retention schedule sets out how long we keep personal information for.
Your personal information and your rights
You can find out more about your rights regarding the personal information used for this service. Your rights apply to the information held by the Council as a data controller, and the information we hold on behalf of the other data controllers.
Contacting us about your data and updates
If you have any questions or concerns about how we use your personal information, please contact the Council’s Data Protection Officer.
You also have the right to complain to the Information Commissioner’s Office if you're unhappy about how we process your information.