Safety Culture ToolKit

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This privacy policy sets out how RSSB uses and protects any information that you give RSSB when you use this website.

1. Introduction

“Personal data” is any information about a living individual which allows them to be identified from the data (for example a name, photographs, videos, email address, or address). Identification can be by the information alone or in conjunction with any other information. The processing of personal data is governed by the Data Protection Act 2018, the General Data Protection Regulation 2016/679 (the “GDPR”) and other legislation relating to personal data and rights such as the Human Rights Act 1998.

This Privacy Notice is provided to you by Rail Safety And Standards Board Limited (“RSSB”) which is the data controller for your data. ICO registration number (Z8378773).

Whilst RSSB and the other data controllers will make every effort to ensure your privacy, it may be possible to identify you from the information you provide to us or other third party information. The purpose of this notice is to inform you about how we will deal with your personal data in the event that you can be directly or indirectly identified.

2. How we collect your personal information?

We process personal information that is provided to us directly by you, or when it is shared with us.

We collect information when you choose to submit it to us. Throughout this site, for example, we provide opportunities to register to use the site, register for events, request a standard or other document, make an enquiry, subscribe to an e-newsletter, or participate in an online survey. When we collect this type of information, we will notify you of the reason we are asking for information and how this information will be used.

In some cases we process special categories of data or sensitive personal data. For example, you may tell us details about an injury or disability. It may be possible to identify you if you are the next of kin, relative or associate of another person who is injured or dies as a result of an accident or incident. Where you share with us personal data about a third party, you should first obtain their consent unless it is not possible to do so or unfeasible, for example in an emergency.

We also share and receive personal information with the following data controllers (but only where necessary);

· Our members, including passenger train operators, freight and other non-passenger train operators, infrastructure managers and owners, rolling stock owners and leasing companies, infrastructure contractors and suppliers and rolling stock manufacturers. Further information about RSSB membership can be found here.

· Our Affiliates. Further information about affiliation can be found here.

· Our suppliers and partners including service providers, contractors, regulators and other industry bodies.

3. What personal information do we process?

Personal information that may be collected or shared with RSSB includes;

· Names, titles, and aliases, photographs;

· Contact details such as Job role, company details, telephone numbers, addresses, and email addresses;

· Information required for processing any transactions or financial payments, such as account details, or credit card or billing information;

· Information processed by cookies when you use our site or apps, in accordance with our Cookies Policy. This can include click data, timing and frequency of site visit. For more information, see https://www.rssb.co.uk/Cookie-policy

· Where relevant, or where you provide them to us, we may process demographic information such as gender, age, date of birth, marital status, nationality, education/work histories, academic/professional qualifications, hobbies, family composition, and dependants;

· Where you provide this information, we may also process special categories of data or sensitive personal data, including details about an injury or disability;

· Personal data collected as part of research, including internal analysis, or in relation to maintaining and managing standards.

· Any other personal information that you supply to us.

4. How do we process your personal information and what is the legal basis?

When we process your personal information, we are required to have a legal basis for the processing. Most of our data is processed because it is necessary for our legitimate interests, or the legitimate interests of a third party (such as another data controller). We will always take into account your interests, rights and freedoms.

We will comply with all legal obligations to keep personal data up to date; to store and destroy it securely; to not collect or retain excessive amounts of data; to keep personal data secure, and to protect personal data from loss, misuse, unauthorised access and disclosure and to ensure that appropriate technical measures are in place to protect personal data.

Some of our processing is necessary for compliance with a legal obligation. For example, we are required to maintain certain records by law such as health and safety records.

We use your personal data for some or all of the following purposes and legal bases;

· To enable us to meet all legal and statutory obligations (legal reasons);

· To work with our members to create a safer, sustainable, more efficient railway (contractual reasons and / or for our legitimate interests);

· To provide our members and stakeholders with tools & models, consultancy and support, guidance, industry systems, reports, training, standards, networks, groups & conferences, research and news (contractual reasons and / or legitimate interests);

· To maintain our own accounts and records (legitimate interests and / or legal reasons);

· To seek views or comments, including inviting you to participate in surveys or consultations (legitimate interests or consent);

· To improve our products and services (legitimate interests);

· Using data for statistical or analytical purposes (legitimate interests);

· To process any transactions or financial payments required for goods or services (for contractual reasons and / or for legal reasons);

· For prevention, detection or investigation of fraud or security incidents (for legitimate interests and / or legal reasons);

· For marketing purposes, we may provide you with information on products and services which may be of interest (for our legitimate interests or with your consent);

· For statistical or analytical purposes (for our legitimate interests);

· Our processing also includes the use of CCTV systems for the prevention and prosecution of crime. (for legitimate interests and / or legal reasons).

Where your information is used other than in accordance with one of these legal bases, we will inform you.

5. Sharing your personal data

Your personal data will be treated as strictly confidential. It will only be shared with third parties where it is necessary for the performance of our tasks or where necessary in accordance with applicable law. It is likely that we will need to share your data with some or all of the following (but only where necessary):

· Our agents, servants and contractors. For example, we may ask a supplier to provide us with services;

· Our members, affiliates and stakeholders

· Government agencies, departments and

· other third-party organisations such as the British Transport Police;

6. How long do we keep your personal data?

We will keep your personal information for as long as necessary for the purposes in which we are processing, unless the law permits or requires longer. Some records may be kept permanently if we are legally required to do so. In general, we will endeavour to keep data only for as long as we need it. Where necessary we keep records for the establishment, exercise or defence of legal claims.

7. Your rights and your personal data

You have the following rights with respect to your personal data:

When exercising any of the rights listed below, in order to process your request, we may need to verify your identity for your security. In such cases we will need you to respond with proof of your identity before you can exercise these rights.

The right to access information we hold on you;

· At any point you can contact us to request the information we hold on you as well as why we have that information, who has access to the information and where we obtained the information from. Once we have received your request we will respond within one calendar month

· There are no fees or charges for the first request but additional requests for the same data may be subject to an administrative fee.

The right to correct and update the information we hold on you;

· If the data we hold on you is out of date, incomplete or incorrect, you can inform us and your data will be updated.

The right to have your information erased

· If you believe that we should no longer be using your data or that we are illegally using your data, you can request that we erase the data we hold.

· When we receive your request we will confirm whether the data has been deleted or the reason why it cannot be deleted (for example because we need it for our legitimate interests or regulatory purpose(s)).

The right to object to processing of your data

· You have the right to request that we stop processing your data. Upon receiving the request we will contact you and let you know if we are able to comply or if we have legitimate grounds to continue to process your data. Even after you exercise your right to object, we may continue to hold your data to comply with your other rights or to bring or defend legal claims.

The right to data portability

· You have the right to request that we transfer some of your data to another controller. We will comply with your request, where it is feasible to do so, within one month of receiving your request. The right to withdraw your consent to the processing at any time for any processing of data to which consent was sought.

You can withdraw your consent

· If your personal information processed based on your consent as the legal basis, you can withdraw your consent easily by telephone, email, or by post (see Contact Details below).

The right to restrict the processing of personal data where applicable.

· You have the right to restrict the processing of your data in certain circumstances.

The right to lodge a complaint with the Information Commissioner’s Office.

· Please refer to section 10 of this privacy notice for further information and contact details.

8. Transfer of Data Abroad

Any electronic personal data transferred to countries or territories outside the European Economic Area (EEA)will only be placed on systems complying with measures giving equivalent protection of personal rights either through international agreements or contracts approved by the European Union. Our website is also accessible from overseas so on occasion some personal data (for example in a newsletter) may be accessed from overseas.

9. Further processing

If we wish to use your personal data for a new purpose, not covered by this Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.

10. Contact Details

Please contact us if you have any questions about this Privacy Notice or the information we hold about you or to exercise all relevant rights, queries or complaints at:

· The Data Protection Officer, RSSB, The Helicon, 1 South Place, London EC2M 2RB

· Email: data.protection@rssb.co.uk

· 020 3142 5300

11. How to make a complaint

If you are concerned with the way in which your personal data has been processed you may in the first instance contact the Data Protection Officer using the contact details above.

If you remain dissatisfied then you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: -

· The Information Commissioner, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF

· Telephone: Switchboard: 01625 545 700

· Data Protection Help Line: 01625 545 745

· Notification Line: 01625 545 740

· Email: mail@ico.gsi.gov.uk

12. Changes to this Privacy Notice

We may update this privacy notice from time to time. This privacy notice includes the date last updated.

Terms of Use

Welcome to the Safety Culture Toolkit website (the “Site”). If you continue to browse and use this Site and/or registered to use the Safety Culture Toolkit (SCT), you are agreeing to comply with and be bound by the following terms of use, which together with our Privacy Policy govern the Rail Safety and Standards Board‟s (RSSB) relationship with you in relation to this Site. Please read theses terms of use carefully before you start to use the Site.

If you disagree with any part of these terms of use, please do not use this Site.

The term "RSSB" or "us" or "we" refers to the owner of the Site whose registered office is The Helicon, 1 South Place, London, EC1M 2RB, United Kingdom. Our company registration number is 04655675, registered in England and Wales.

The term "You" refers to those using the Site and those who have registered to access the SCT.

Modifications and additions

We make changes to these terms of use at anytime. Changes will be posted here and are effective immediately. Regularly reviewing this page ensures that you are always aware of the terms of use of this Site.

1. About this website

This Site and the SCT contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the Copyright Notice, which forms part of these terms and conditions.

Unauthorised use of this Site and the SCT may give rise to a claim for damages and/or be a criminal offence.

2. Intellectual Property Rights

Unless otherwise identified, we are the owner and licensee of all intellectual property rights on the Site, SCT, and material published on it. These works are protected by copyright laws and treaties around the world. All rights are reserved.

You must not sell, distribute, license any part of the Site or the SCT or carry out activities that do not relate directly to the promotion of safety culture within your own organisation for commercial purposes. Doing so would be infringing RSSB‟s intellectual property rights.

3. Acceptable use policy

You agree to use this Site and the SCT for lawful purposes only. You must not use this site for any of the following:

To send, state, publish, use or reuse any material which is offensive, abusive, defamatory, indecent, obscene, threatening or illegal or in breach of copyright, trade mark, confidence, privacy or any other right
To transmit any chain letters, spam letters, or junk e-mail or participate in mischievous or malicious behaviour which causes or may cause damage, annoyance, inconvenience or needless anxiety to this website or any other party

You may not avoid or attempt to avoid security measures or try to modify the site content except as expressly permitted.

We reserve the right to exclude a particular user from the Site and the SCT, and/or delete their details, if they abuse it (which could include, but is not limited to, hacking, submission of obscenities, fraud or the spreading of computer viruses). We may also make changes to a service without warning; this may include the removal of a service at any time.

In the interests of all our visitors to the Site and registered users of the SCT, we will co-operate with investigations by any law enforcement agency or relevant authority of suspected criminal activity or violation of systems or networks.

4. Links to external websites

This Site will also include links to other websites. These links are provided for your own convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s)

Websites that we link to are not governed by the terms of use policy. You should look at the terms of use/terms and conditions applicable to the website in question.

5. User accounts and passwords

Registered users who have access to the SCT are responsible for maintaining the confidentiality of any username and password given to access the SCT, and are fully responsible for all activities that occur under your password.You agree to notify RSSB immediately if you suspect or encounter any unauthorised use of your username and/or password.

6. Security and virus protection

You must not misuse our Site by knowingly introducing computer viruses, malicious programs, or attack the Site. You must not attempt to gain unauthorised access to the Site, the server on which the site is stored or any server, computer or database connected to the Site.

Breaching this provision would be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity. In all instances outlined above, your access to our Site will cease immediately.

We accept no liability for any loss, disruption or damage to your computer system or your data caused by using this Site or arising as a result of having used the Site

7. Data protection

User‟s information will be managed in accordance with the law, including the Data Protection Act 1998. For further information please read our Privacy Policy.

8. Liability

The information displayed on the Site and within the SCT is provided without any guarantees, conditions, representations or warranties as to its accuracy. To the extent

RSSB Terms of Use Statement – SCT 2011 permitted by law, we, other members of our group of companies and third parties associated to us hereby expressly exclude:

All conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of the Site and SCT, any websites linked to it and information posted on it, including, without limitation any liability for:

o Loss of income or revenue;
o Loss of business;
o Loss of profits or contracts;
o Loss of anticipated savings;
o Loss of data;
o Loss of goodwill;
o Wasted management office time; and
o For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in these terms shall affect our liability for death or personal injury arising from our negligence, not out liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, not any other liability which cannot be excluded or limited under applicable law.

We will not be held liable for any failure to comply with these terms and conditions, where such failure is due to circumstances beyond our reasonable control.

9. Reliance on information on the Site and the SCT

Information posted on the Site and the SCT are not intended to amount to advice on which reliance should be placed. Neither we, nor any third party who has assisted us in the creation of the Site or SCT, have knowledge of the safety requirements of your business and by allowing you to access and use our site we do not undertake any duty of care towards you in relation to the implementation of a safety culture or safety practice within your organisation.

We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, user of the SCT, or by anyone who may be informed of any of its contents.

We remind You of your obligations and duties under applicable Health and Safety legislation, your Railway Safety Case (if applicable) and the requirements of applicable Railway Group Standards. The requirements of each of those should take precedence over the information within the Site and the SCT.

The Site and SCT is intended to give you an insight into the safety culture of your organisation. It does not represent in whole or in part a guide as to what the safety culture of your organisation means or constitutes. By making the Site available to You and allowing You to receive any output from your use of the SCT, we express no opinion on the safety culture of your organisation. We make no representation of warranty as to the adequacy or otherwise of the safety culture at your organisation or the appropriateness of the materials published on our website for your organisation. The output of the SCT does not represent advice on which you may place reliance for the purposes of determining the adequacy or otherwise of the safety culture of your organisation.

You acknowledge and agree that You are responsible for the safety culture of your organisation and all actions and omissions that you may take or make in relation to safety in the course of your organisation business or activities. You will indemnify and hold RSSB harmless from any claim that may be brought against it arising directly or indirectly from your use of the SCT and information on the Site.

10. Applicable law

Your use of this Site including the SCT and any dispute arising out of such use of the Site is subject to the laws of England.

If You use information or services provided on this Site or the SCT from outside the UK, you are responsible for ensuring your use conforms to local laws as well as the laws of England.

Accessibility Statement

The Rail Safety and Standards Board is committed and actively working to ensure that the Safety Culture Toolkit Website (http://safetyculturetoolkit.rssb.co.uk and http://www.safetyculturetoolkit.rssb.co.uk ) is useable and accessible to the widest possible audience, regardless of disability, capability or technology.

Our intent is to conform to the World Wide Web Consortium Web Content Accessibility Guidelines 1.0 Level AA.

Maintaining an accessible site is an ongoing process and we are continuously working to provide the most comprehensive experience we can.

The accessibility statement applies only to the Safety Culture Toolkit website at www.safetyculturetoolkit.rssb.co.uk. This policy does not apply to any other site.

Accessibility Preferences

You can change the way this website looks to suit your preferences. The settings that do this differ from browser to browser, but most browsers offer some or all of the following:

Adjusting text and colour

Users who rely on screen magnifiers can find white backgrounds give off a glare. The background and text can be changed by changing some settings in your browser.

If you are using Internet Explorer, look in the 'Tools' menu, select "Internet Options", select "Colors" and make changes to text and background colours in the "Colors" panel.

If these changes don’t take effect immediately – look in the 'Tools' menu, select "Internet Options", select “Accessibility” and make the necessary changes under “Formatting”.

Adobe Acrobat PDF and accessibility

The documents on Safety Culture Toolkit Website are publications created in Adobe Acrobat Portable Document Format (PDF). Adobe Reader enables you to read PDFs. The latest version of Adobe Reader can be obtained from the Adobe website. Later versions offer more accessibility options than earlier versions.

For more information about PDF accessibility see the Adobe website accessibility section

More help

For more information and help about changing your browser settings please visit the BBC’s My Web My Way pages.

Copyright Notice

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk outputs from the Safety Culture Toolkit (SCT) survey undertaken for your personal and non-commercial use only.

You may not, except with our express written permission, distribute, adapt, change or commercially exploit the content of the SCT. Nor may you transmit or store it in any other website or other form of electronic retrieval system.