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PECR Compliance Policy for Tyler Hampshire

Version 1.2
Effective Date: 15/09/2024

1. Introduction

This Privacy and Electronic Communications Regulations (PECR) Compliance Policy outlines Tyler Hampshire’s commitment to complying with the PECR 2003, which governs electronic marketing, cookies, and privacy in electronic communications. As a UK-based marketing company focused on lead generation, Tyler Hampshire is dedicated to protecting individuals’ privacy and ensuring that all electronic communications are conducted lawfully and transparently.

2. Scope

This policy applies to all employees, contractors, and third-party vendors involved in electronic marketing, lead generation, and the use of cookies or similar technologies on behalf of Tyler Hampshire.

3. Key Definitions

  • PECR: Privacy and Electronic Communications Regulations 2003.
  • Electronic Marketing: Any form of marketing communication sent via email, SMS, or other electronic means.
  • Cookies: Small text files placed on a user’s device to track and store information about their online activity.
  • Consent: Freely given, specific, informed, and unambiguous agreement to the processing of personal data.

4. PECR Compliance Principles

Tyler Hampshire adheres to the following principles to ensure compliance with PECR:

  1. Lawfulness: All electronic marketing and use of cookies must comply with PECR requirements.
  2. Transparency: Individuals must be informed about how their data will be used.
  3. Consent: Explicit consent must be obtained for electronic marketing and non-essential cookies.
  4. Control: Individuals must have the ability to opt out of marketing communications and manage cookie preferences.

5. Electronic Marketing Compliance

5.1. Consent for Marketing Communications

  • Explicit Consent: Prior to sending any electronic marketing communications (e.g., emails, SMS), Tyler Hampshire must obtain explicit consent from the recipient.
  • Clear Opt-In: Consent must be obtained through a clear and unambiguous opt-in mechanism, such as a checkbox or button. Pre-ticked boxes are not acceptable.
  • Double Opt-In: For email marketing, a double opt-in process will be used, where recipients must confirm their subscription by clicking a verification link.

5.2. Soft Opt-In for Existing Customers

  • Existing Customers: Tyler Hampshire may send marketing communications to existing customers under the “soft opt-in” rule, provided:
    • The communication relates to similar products or services previously purchased.
    • The customer was given the opportunity to opt out at the time of purchase and in every subsequent communication.
  • Opt-Out Option: All marketing communications must include a clear and easy-to-use unsubscribe mechanism.

5.3. Record-Keeping

  • Consent Records: Tyler Hampshire will maintain detailed records of consent, including the date, time, and method of consent.
  • Unsubscribe Requests: All unsubscribe requests will be processed promptly, and records will be updated to reflect opt-out preferences.

6. Cookie Compliance

6.1. Cookie Consent

  • Cookie Banner: A cookie banner will be displayed on Tyler Hampshire’s website, informing users about the use of cookies and requesting their consent.
  • Granular Options: Users will be provided with granular options to accept or reject different categories of cookies (e.g., essential, analytics, marketing).
  • No Implied Consent: Non-essential cookies will not be placed on a user’s device without their explicit consent.

6.2. Cookie Policy

  • Transparency: Tyler Hampshire’s website will include a detailed cookie policy explaining:
    • What cookies are used.
    • The purpose of each cookie.
    • How users can manage or withdraw their consent.

6.3. Regular Audits

  • Cookie Audits: Regular audits will be conducted to ensure that cookies used on the website comply with PECR requirements.

7. Third-Party Compliance

  • Vendor Agreements: All third-party vendors involved in electronic marketing or cookie usage must comply with PECR. Data Processing Agreements (DPAs) will include specific clauses on PECR compliance.
  • Monitoring: Tyler Hampshire will regularly monitor third-party practices to ensure ongoing compliance.

8. Training and Awareness

  • Employee Training: All employees involved in marketing and data processing will receive regular training on PECR requirements.
  • Internal Guidelines: Internal guidelines will be provided to ensure consistent and compliant practices across the organization.

9. Incident Response

  • Breach Notification: Any breaches of PECR requirements will be reported to the Information Commissioner’s Office (ICO) within 72 hours of discovery.
  • Corrective Actions: Immediate corrective actions will be taken to address the breach and prevent recurrence.

10. Policy Review

This policy will be reviewed annually or as needed to ensure ongoing compliance with PECR and changes in business operations.

11. Contact Information

For questions or concerns regarding this policy or PECR compliance, contact:
Data Protection Officer (DPO)
DPO@tylerhampshire.uk

By Post

Tyler Hampshire

24 Greek st

Stockport
SK3 8 AB