Privacy Notice

Harworth Group plc Privacy Notice

Harworth Group Plc and its affiliates (collectively referred to as “Harworth”, “we”, “us” and “our”) takes its data protection and privacy responsibilities seriously. This privacy notice explains how we collect, use and share personal information in the course of our business activities, including:

• What personal information we collect and when and why we use it.
• How we share personal information within Harworth and with our service providers, regulators and other third parties
• Explaining more about Direct Marketing
• Transferring personal information globally
• How we protect and store personal information
• Gas and electricity data privacy notice
• Legal rights available to help manage your privacy
• How you can contact us for more support

Important information about Harworth:

The Harworth entity responsible for your personal information will be the member of Harworth that originally collects information from or about you. This will be explained in separate privacy notices made available when your personal information is first collected by that Harworth entity, for example where we engage you as a contractor to carry out works for us.

You can find out more about Harworth at www.harworthgroup.com or by contacting us using the information in the contact us section.

We may amend this notice from time to time to keep it up to date with legal requirements and the way we operate our business. Please regularly check these pages for the latest version of this notice. If we make significant changes to this privacy notice, we will make this clear on our website.

You might find external links to third party websites on our website. This privacy notice does not apply to your use of a third party site.

What personal information we collect and when and why we use it

In this section you can find out more about

• the types of personal information we collect
• when we collect personal information
• how we use personal information
• the legal basis for using personal information

When we collect information

We collect information about you if:

• you use one of our website(s)
• you buy or rent a house on one of our development sites
• we engage you as a professional adviser, such as a selling or letting agent
• we engage you as a contractor or consultant to carry out certain works for us
• you buy shares in Harworth Group plc
• you buy or lease land or a commercial unit at one of our development sites
• you are an insurance claimant in relation to one of our sites or your previous employment by Harworth or, more likely, one of the former UK Coal companies
• sell land to us or enter into a planning promotion agreement with us
• you ask us to give you updates on the progress we are making on development of a particular site
• we acquire a direct marketing list from a third party for the purpose of a “business-to-business” marketing for lease certain of our vacant commercial units
• you choose to subscribe to our mailing list to receive news alerts

collectively (“you“)

Personal information we collect and use if you use our websites or online services

On our website, information that may constitute personal information (such as your browser type, operating system, IP address, domain name, number of times you visited the website, dates you visited the website, and the amount of time you spent viewing the website) may be collected via cookies. Aggregate information (such as how many times visitors log onto the website) may also be collected.

Personal information we collect and use if you buy or rent a house on one of our development sites

Where you buy or rent a house on one of our development sites, we may collect:

• basic identification and contact information (such as your name, address, telephone number, and email address) so that our management company can fulfil its obligations to maintain the public open spaces at the development site;
• financial information (such as bank account information, billing and details) in order to manage and process service charge payments you make to us;
• information about your house, such as its type, size and cost (albeit we collect the latter from publicly available information at the Land Registry) and the housebuilder who sold it to you, to inform the decisions we make about public open space and our planning obligations at the site you occupy.

Personal information we collect and use if we engage you as a professional adviser

Where we engage you as a professional adviser, we may collect:

• basic identification and contact information (such as your name, work address, telephone number, and email address) so that we can communicate with you during the course of your engagement by us;
• financial information (such as the bank account information, tax registration information and billing details for your business) so that we can make payment to you for your services;
• certain other information about your business, such as the number of people you employ, your insurance details, details of the policies and procedures you have in place, statistics relating to health and safety and the environmental incidents that have occurred in the course of you operating your business, details of any enforcement action taken against you, and confirmation of your compliance with certain laws, all to enable us to assess your suitability to provide services to us.

Personal information we collect and use if we engage you as a contractor or consultant

Where we engage you as a contractor or consultant to carry out certain works for us, we may collect:

• basic identification and contact information (such as your name, work address, telephone number, and email address) so that we can communicate with you during the course of your engagement by us;
• financial information (such as the bank account information, tax registration information and billing details for your business) so that we can make payment to you for the works you undertake; and
• certain other information about your business, such as the number of people you employ, your insurance details, details of the policies and procedures you have in place, statistics relating to health and safety and the environmental incidents that have occurred in the course of you operating your business, details of any enforcement action taken against you, and confirmation of your compliance with certain laws, all to enable us to assess your suitability to carry out the works for us.

Personal information we collect and use if you buy shares in Harworth Group plc

When you buy shares in Harworth Group plc your details will be added to our shareholders’ register.  This means that we may collect:

• basic identification and contact information (such as your name, address, telephone number, and email address) and details of the number of shares you hold so that we can include you in communications to all of our shareholders;
• financial information (such as bank account information) so that we can pay dividends to you.

Personal information we collect and use if you buy or lease one of the commercial units at one of our development sites

Where you buy or lease land or a commercial unit at one of our development sites, we may collect:

• basic identification and contact information (such as your name, work address, telephone number, and email address) so that we can communicate with each other in our capacities as landlord and tenant or seller and purchaser; and
• financial information (such as the ank account information, tax registration information and billing details for your business) so that we can manage payments which you need to make to us.

Personal information we collect and use if you are an insurance claimant in relation to one of our properties or during your former employment by Harworth or one of the former UK Coal companies

Where you make a claim against us in relation to something which has happened on one of our properties or your during former employment by a Harworth entity or one of the former UK Coal companies, we may collect:

• basic identification and contact information (such as your name, address, telephone number, and email address); and
• details of your claim, which could include information about your health, physical condition and/or financial losses you say you have suffered,

in each case so that we can ask our insurers to respond to your claim.

Personal information we collect and use if we buy land from you or we enter into a planning promotion agreement with you

Where we buy land from you or enter into a planning promotion agreement with you, we may collect:

• basic identification and contact information (such as your name, address, telephone number, and email address) so that we can communicate with each other as seller and purchaser or counterparties to the agreement; and
• information about the property you own, to help us assess whether we want to enter into a contract with you and, once we have entered into a contract, to perform our obligations under it.

Personal information we collect and use if you ask us to give you updates on the progress we are making on development of a particular site

Occasionally, when we buy a new site in which there is significant local interest, we may provide updates to local stakeholders about the progress we are making on development at the site. In those instances, we will only provide updates to people who ask for them. In those circumstances we may collect your basic identification and contact information (such as your name, address and email address) and the nature of your interest in the site (a local resident or councilor, for example).

Personal information we collect and use if we purchase a direct marketing list from a third party for the purpose of marketing for lease certain of our vacant commercial units

Occasionally, when we have vacant commercial units on our business parks, our letting agents will recommend that we use a direct marketing list collated by a third party.  A direct marketing list of this kind will include basic identification and contact information (such as your name, address and email address) and potentially the nature of your occupation requirement (such as the amount of space you would need).  We will only process this information about you if you are corporate subscribers, and not if you are a sole trader or individual consumer.  In these circumstances we (or a third party on our behalf) may send out promotional material (including specifications) for the vacant unit or units we think you may be interested in.

Personal information we collect and use if you subscribe to our news alerts mailing list

We provide a service for people to subscribe to receive our news alerts via email. This mailing list only requires your email address which will only be processed each time a news alert is created and distributed to the mailing list, generally in the frequency of around 4 times per month. A double opt-in is required to join the mailing list with a verification email sent to your email to confirm subscription.

The legal basis for using your personal information

We will only collect, use and share your personal information where we are satisfied that we have an appropriate legal basis to do this. This may be because:

• you have provided your consent to us using the personal information;
• • our use of your personal information is in our legitimate interest as a commercial organisation, for example (i) where you make a claim against us which we refer to our insurers or (ii) where we want to monitor the use of our website or (iii) where we are promoting a site for planning permission or (iv) where we wish to contact you to let you know about vacant units in our estate or other opportunities you may be interested in – in these cases we will look after your information at all times in a way that is proportionate and respects your privacy rights and you have a right to object to processing as explained in the Your Legal Rights section below;
• our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you, for example (i) where we are assessing your suitability to provide services to, or carry out works for, us or (ii) where you occupy a home on one of our development sites and our management company is contractually obliged to maintain the site in return for payment by you of a service charge; and/or
• our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have, for example (i) where we are required to communicate with you as a shareholder or (ii) where we are required to disclose personal information to a court, tax authority or other regulatory body, such as the Health and Safety Executive or the Environment Agency.

If you would like to find out more about the legal basis for which we process personal information please contact us.

Click here for a table summarising the information we collect and process, why we collect and process that information and our legal basis for doing so.

Sharing personal information within Harworth, with our service providers and our regulators

In this section you can find out more about how we share personal information:

• within Harworth
• with third parties that help us provide our products and services; and
• our regulators

We share your information in the manner and for the purposes described below:

1. within Harworth, where such disclosure is necessary to manage our business. Click here for a list of Harworth affiliates;
2. with third parties who help manage our business and deliver services. These third parties have agreed to confidentiality restrictions and use any personal information we share with them or which they collect on our behalf solely for the purpose of providing the contracted service to us. These include IT service providers who help manage our IT systems, our managing agents, our insurers and insurance brokers, our consultants, our registrars and our auditors;
3. we may share information with our regulators, such as the Information Commissioner’s Office, the Health and Safety Executive, the Environment Agency and the Forestry Commission, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies; and
4. if, in the future, we sell or transfer some or all of our business or assets to a third party, we may disclose information to a potential or actual third party purchaser of our business or assets.

Explaining more about direct marketing & profiling

In this section you can find out more about;

• how we use personal information to tell you about vacant units within our estate and news alerts across the business
• how you can manage your marketing preferences
• when and how we undertake profiling and analytics

How we use personal information to keep you up to date with our products and services

For email news alerts on our website, we only ask for your email address to allow you to receive the communications. This will require a double opt-in via an email sent to your email address once the subscribe form is submitted on our website. We use MailChimp for all marketing communications – MailChimp use high-security servers and encryption to protect our mailing lists and your data.

Occasionally, we may use personal information acquired from a third party, who has collected it in accordance with all applicable data protection laws, to let you know about vacant units at our business parks that we believe will be of interest to you. We may contact you by email or post. In all cases, we will respect your preferences for how you would like us to manage marketing activity with you.

How you can manage your marketing preferences

To protect privacy rights and to ensure you have control over how we manage marketing with you:

• we will only send you communications which we believe may be of interest to you or which you have directly opted-in to via our website;
• you can ask us to stop direct marketing at any time – you can either; opt-out any time by clicking the ‘unsubscribe’ link in all marketing emails you receive, or; contact the third party who collected your personal data or; you can contact us using the details at the end of this policy.

When and how we undertake profiling and analytics

Cookies are small text files that are stored on the device you are using to access a website. Almost all websites use cookies as a way of improving visitor experience on the site.

Cookies help websites perform a number of important tasks, such as letting you navigate between pages easily and efficiently, remembering your preferences on the website and generally improving your experience with the site.  Harworth uses Google Analytics on its websites to track visitor information which is used to measure site activity and assist in recommending changes to the website to improve customer experience. Google Analytics uses cookies to collect the following data:

• your IP address;
• the name of the browser you are using or any other website that referred you to our website;
• the date and time of your visit;
• the duration of visit; and
• the pages viewed during your visit.

We may use this data to measure site activity, to generate statistics and to improve the information provided by our website.

If you want to change the preferences for cookies on your device, you will be able to do this through your browser settings.  The Help function within your browser should tell you how. For general information about cookies go to http://www.allaboutcookies.org/

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy notice. You should exercise caution and look at the privacy notice applicable to the website in question.

Transferring personal information globally

In this section you can find out more about the arrangements we have in place to protect your personal information if the third parties with whom we share your information transfer it overseas.

Harworth itself does not transfer personal information outside of the EU.

Harworth will take appropriate steps to ensure that transfers of personal information outside of the EU, by third parties with whom we share information (see the Sharing Personal Information Within Harworth, With Our Service Providers And Our Regulators section above) are in accordance with applicable law and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognized as providing an adequate level of legal protection or where we can be satisfied that alternative arrangement are in place to protect your privacy rights.  Where we transfer your personal information to third parties, we obtain contractual commitments from them to protect your personal information. Some of these assurances are well recognized certification schemes like the EU – US Privacy Shield for the protection of personal information transferred from within the EU to the United States.

Where we receive requests for information from law enforcement or regulators, we will carefully validate these requests before any personal information is disclosed.

You have a right to contact us for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your personal information when this is transferred as mentioned above.

How we protect and store your information

Security

We have implemented and maintain appropriate technical and organisational security measures, policies and procedures designed to reduce the risk of accidental destruction or loss of personal data, or the unauthorised disclosure or access to such information, appropriate to the nature of the information concerned.

Measures we take include: (i) placing confidentiality requirements on our employees and the third parties with whom we share personal information; (ii) reviewing regularly the personal information we hold and destroying or permanently anonymising personal information if it is no longer needed for the purposes for which it was collected; (iii) testing and improving the resilience of our cyber security and IT controls and (iv) providing training to our employees on the importance of personal data protection.

Storing your personal information

We will store your personal information for as long as is reasonably necessary for the purposes for which it was collected, as explained in this notice. In some circumstances we may store your personal information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax, and/or accounting requirements.

In specific circumstances we may store your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings.

Gas and electricity data privacy notice

This privacy notice explains how Harworth Group Plc and its affiliates (collectively referred to as “Harworth”, “we”, “us” and “our”) collects, uses and shares information regarding gas and electricity consumption data (Energy Data) relating to any property owned by us and leased to you (Property).

Contact information

The Harworth entity responsible for handling your gas and electricity consumption data will be the member of the Harworth Group that is the landlord under the lease of the Property. Please contact us using the following details, if you have any queries or concerns regarding this Privacy Notice.

Harworth Group
Advantage House
Poplar Way
Catcliffe
Rotherham
S60 5TR

enquire@harworthgroup.com / 0114 349 3131

The Energy Data that we collect

We may collect, use, store and transfer the following types of Energy Data. This list is non-exhaustive:

a) The electricity and/or gas consumption data (usage) at the Property.

b) All information relating to gas and/or electricity meters and metering equipment at the Property, and new supplies of gas and/or electricity.

c) Information relating to the supplier of electricity and/or gas to the Property.

Why we collect Energy Data

Harworth collects data relating to the energy usage of its tenants across all sites for the purpose of complying with (a) its environmental impact analysis and reporting requirements, (b) the sustainability objectives referred to in ‘The Harworth Way’, and (c) the UK Governments Net Zero Strategy (Net Zero Strategy: Build Back Greener – GOV.UK (www.gov.uk).

Obtaining Energy Data will enable Harworth to calculate and understand the total carbon emissions generated by the Harworth Group, and (where possible) to monitor and improve our energy efficiency and the environmental performance of the properties owned by us. The Energy data will be combined with other data that we hold in relation to the Property, in order to ascertain the EPC rating/energy efficiency of the Property.

Where applicable, this Privacy Notice should be read in conjunction with the sustainability data sharing provisions contained in the lease of the Property.

How we collect Energy Data

The primary method of collecting Energy Data will be via the appointment of a subcontractor with access to central electricity and/or gas industry systems. Our appointed subcontractor will access those centralised databases and systems (or communicate with third parties who in turn have access to those systems ), including by way of application programming interfaces (API) where appropriate, in order to collect, collate, analyse and report on the Energy Data.

Harworth may carry out on-site or other remote monitoring activities for the purpose of collecting and analysing Energy Data, provided that any physical access to the Property will be governed by the terms of the relevant lease agreed between you and the relevant Harworth entity.

Confidentiality and how we share your personal data

Subject to our rights to disclose Energy Data below, we will maintain the confidentiality of your Energy Data.

We may share the Energy Data:

• within the Harworth Group; and
• with our third party agents, suppliers, contractors and consultants who are engaged by us in connection with our objectives set out in paragraph 3 above. This includes CRREM (Carbon Risk Real Estate Monitor) assessment providers. We shall ensure that any third parties to which we disclose Energy Data have entered into obligations of confidentiality with regards to that Energy Data.

The results of our collection and analysis of the Energy Data will be published in the Harworth Group plc Annual Report. Any information published in this way shall not refer to any specific address, Property or occupier.

Further details

If you require further information on how we collect, handle, process and share Energy Data, please contact us.

Legal rights available to help manage your privacy

Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your personal information. Click on the links below to learn more about each right you may have:

• To access personal information
• To rectify / erase personal information
• To restrict the processing of your personal information
• To transfer your personal information
• To object to the processing of personal information
• To object to how we use your personal information for direct marketing purposes
• To obtain a copy of personal information safeguards used for transfers outside your jurisdiction
• To lodge a complaint with your local supervisory authority

We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

You can exercise your rights by contacting us. Subject to legal and other permissible considerations, we will make every reasonable effort to honour your request promptly or inform you if we require further information in order to fulfil your request.

We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

Right to access personal information

You have a right to request that we provide you with a copy of your personal information that we hold and you have the right to be informed of: (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information  may be transferred.

Right to rectify or erase personal information

You have a right to request that we rectify inaccurate personal information. We may seek to verify the accuracy of the personal information before rectifying it.

You can also request that we erase your personal information in limited circumstances where:

• it is no longer needed for the purposes for which it was collected; or
• you have withdrawn your consent (where the data processing was based on consent); or
• following a successful right to object (see right to object); or
• it has been processed unlawfully; or
• to comply with a legal obligation to which Harworth is subject.

We are not required to comply with your request to erase personal information if the processing of your personal information is necessary:

• for compliance with a legal obligation; or
• for the establishment, exercise or defence of legal claims;

Right to restrict the processing of your personal information

You can ask us to restrict your personal information, but only where:

• its accuracy is contested, to allow us to verify its accuracy; or
• the processing is unlawful, but you do not want it erased; or
• it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
• you have exercised the right to object, and verification of overriding grounds is pending.

We can continue to use your personal information following a request for restriction, where:

• we have your consent; or
• to establish, exercise or defend legal claims; or
• to protect the rights of another natural or legal person.

Right to transfer your personal information

You can ask us to provide your personal information to you in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller, but in each case only where:

• the processing is based on your consent or on the performance of a contract with you; and
• the processing is carried out by automated means.

Right to object to the processing of your personal information

You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests.

If you raise an objection,  we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

Right to object to how we use your personal information for direct marketing purposes

You can request that we change the manner in which we contact you for marketing purposes.

You can request that  we not transfer your personal information  to unaffiliated third parties for the purposes of direct marketing or any other purposes.

Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction

You can ask to obtain a copy of, or reference to, the safeguards under which your personal information  is transferred outside of the European Union.

We may redact data transfer agreements to protect commercial terms.

Right to lodge a complaint with your local supervisory authority

You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information.

We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

Contact Us

The primary point of contact for all issues arising from this privacy notice, is our Group General Counsel and Company Secretary, Chris Birch. We can be contacted in the following ways:

enquire@harworthgroup.com

0114 349 3131

Harworth Group
Advantage House
Poplar Way
Catcliffe
Rotherham
S60 5TR

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to contact us first. We will investigate and attempt to resolve complaints and disputes and will make every reasonable effort to honour your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by data protection laws.

To contact your data protection supervisory authority

You have a right to lodge a complaint with your local data protection supervisory authority (i.e. your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority.

Summary of personal information we collect and process, what we use that information for and our legal basis for doing so

Categories of individual	Type of information collected	Purpose	Legal basis
Website users	Browser type, operating system, IP address, domain name, number of times you visited the website, dates you visited the website, and the amount of time you spent viewing the website	To monitor the use of our website	Legitimate interest
Occupants of houses on our development sites	Basic identification and contact information	To fulfil the contractual obligations owed by one of our management companies	Performance of a contract
Financial information	To manage and process service charge payments by you	Performance of a contract
Information about the house you occupy on our development site	To inform the decisions we make about public open space and our planning obligations at the site	Legitimate interest and legal obligation
Professional advisers	Basic identification and contact information	To communicate with you during the course of your engagement	Performance of a contract
Financial information	To pay for your services	Performance of a contract
Information about your business	To assess your suitability to undertake works for us	Entry into a contract
Contractors and consultants	Basic identification and contact information	To communicate with you during the course of your engagement	Performance of a contract
Financial information	To pay for your services	Performance of a contract
Information about your business	To assess your suitability to undertake works for us	Entry into a contract
Shareholders	Basic identification and contact information and details of shareholding	To include you in communications to all of our shareholders	Legal or regulatory obligation
Financial information	To pay dividends to you	Legal or regulatory obligation
Occupiers of commercial units on our development sites	Basic identification and contact information	To communicate with you pursuant to the terms of our agreement with you	Performance of a contract
Financial information	To manage payments you need to make to us	Performance of a contract
Insurance claimant	Basic identification and contact information	To respond to your claim	Legitimate interest
Details of your claim	To respond to your claim	Legitimate interest
Sellers and counterparties to planning promotion agreements	Basic identification and contact information	To communicate with you pursuant to the terms of our agreement with you	Performance of a contract
Information about the property you own	To help us assess whether we want to enter into a contract with you and, once we have entered into a contract, to perform our obligations under it	Entry into, and performance of, a contract
Individuals who ask us to give them updates on the progress we are making on development of a particular site	Basic identification and contact information and nature of interest in site	To keep local stakeholders up to date on progress as part of our planning promotion strategy for the site	Legitimate interest
Direct marketing lists	Basic identification and contact information and nature of occupation requirement	To notify potential tenants that we have vacant units on our business parks and also to send news alerts	Legitimate interes

Harworth affiliates