Procurement privacy notice
Additional privacy information
About this notice
Our core data protection obligations and commitments are set out in the Council's primary privacy notice. Details can be found on Privacy
This is a specific privacy notice on the collection and processing of personal data by Bury Council as part of public procurement activity including in order to analyse expenditure, evaluate the proposals received in response to a market sounding exercise, a call for quotation/tender or other market engagement process.
What information we hold
- Contact details of bidders, their staff or sub-contractors such as their name, address, telephone number and email addresses;
- Copy of the company registration;
- Bank account details;
- Financial turnover/accounts;
- Evidence of Insurances held;
- Details of any Professional misconduct;
- TUPE data (as applicable);
- Criminal activity / Criminal record;
- Health and Safety records;
- Evidence of the payment of social taxes; and
- Any other information gathered from procurement activity
Where we get your information from
- Soft Market Testing and other business questionnaires you submit to the council;
- Tender/quotation documents;
- Responses to questions as set out in a Standard Selection or Suitability Questionnaire of the ITT or RFQ;
- Copies of certificates of different nature;
- Other documentation required in the ITT or RFQ;
- Council financial management system
How will your information be used?
The personal data that the Council hold may be used for:
- Contacting you in connection with a procurement exercise;
- Contacting you in respect of establishing or managing a contract between the Council and its suppliers;
- Complying with transparency obligations
Legal basis for processing personal information
Local authorities can use information to carry out tasks that are in the public interest, as well as to provide services that we are under a statutory obligation to provide. Most personal information is processed in order to comply with a legal obligation and/or due to necessity for the performance of contract to which a tender is submitted.
Some acts of law provide a duty to process information, these include:
- The Local Government Act 2003;
- The EU Public Contracts Directive 2014;
- The Public Contracts Regulations 2015;
- The Transparency Code 2015
Consequences if statutory or contractual information is not provided
If you fail to provide certain information when requested, we may not be able to fully evaluate your quotation/tender or satisfactorily assess your performance and you may therefore be eliminated from the procurement process. We may not be able to make contact with you to inform you about potential business opportunities.
Who we will share your information with
Your information will be shared with internal colleagues of Bury Council involved in the procurement process and may also be shared with:
- Consultants commissioned by Bury Council to assist with the procurement process;
- Other Local Authorities or the Council's partners e.g. schools, Six Town Housing, Persona members of staff as part of a soft market testing exercise or collaborative procurement process, during the procurement process (for example if they are involved in the evaluation of tenders) or following award of contract (for example as part of the contract user information to enable them to access the contract);
- Bodies charged with a monitoring or inspection task in application of EU/UK law (e.g. auditors, Crown Commercial Services);
- Members of the public, in accordance with the Council's obligation to publish information on the outcome of the procurement procedure and spend as required by the EU Public Contracts Directive, the Public Contracts Regulations 2015 and the Transparency Code 2015.
How long do we keep your personal information?
Where an agreement is signed under hand successful bidder information is retained for the duration of the contract plus 6 years. Where the agreement is sealed as a deed, successful bidder information is retained for the duration of the contract plus 12 years.
All decisions we make about you involve human intervention.
Data transfers beyond the EEA
Your information is not processed outside the EEA.
Rights of individuals
You have a number of legal rights in relation to your personal information.
You have a right to be informed about how and why your personal information is being processed. This notice fulfils that obligation. You also have a number of other rights; these include:
- Accessing and obtaining a copy of your data on request;
- Requiring the Council to change incorrect and incomplete data;
- Asking for your information to be deleted or removed where there is no need for us to continue processing it;
- Restricting processing;
- Data portability
For more information, or if you want to lodge a complaint about the use of your information, please contact us.
Further information about exercising your rights and the Information Commissioner Office guide is available (see primary privacy notice page).