Legitimate Interest Statement – Sales and Marketing
PES controls and processes personal data within its sales and marketing function on the grounds that we have a legitimate interest in doing so.
PES processes personal data for direct marketing purposes.
One of our objectives is to help organisations create a positive employee experience. We communicate directly with clients and prospects to educate and inform them about products, services and events that will support them to achieve this.
Direct marketing with clients and prospects is important to the business in that it helps us to enhance, modify, personalise or otherwise improve our services and communications, for the benefit of clients and wider audiences.
Direct marketing with prospects is also business critical in that we can only sustain and grow our business by growing our client base. Direct marketing is one of the most proven and effective ways of achieving this without disproportionate effort or expense.
Balance of interests
There is a balance of interests between PES and the individuals whose data is being processed for direct marketing purposes. This balance is based on:
- the relationship that exists between PES and its clients and prospects
- reasonable expectation in most cases that their data might be processed
- the accessibility of our privacy statement
- benefits individuals may derive from having their data processed
- the limited nature of data processed
- the freedom to opt out of receiving direct marketing communications.
A two-way relationship exists between PES and its clients. Clients might reasonably expect the processing activity to take place because they have already provided work contact details directly as part of their contract and are already using our products and services.
Prospects are also reasonably likely to expect the processing activity to take place if they have provided work contact details directly:
- when requesting information from us or having contact with us, or
- to a GDPR-compliant third party from through whom we have acquired their data.
We also make it clear in our privacy statement that we may make further contact with people who provide us with their data. Our privacy statement is written in plain English and readily accessible whenever an individual is invited to submit personal data.
The processing adds value to products and services used by clients and prospects (whether purchased from PES or not) because it may expand their knowledge of the products and services, and provide opportunities to access further business support.
The data processed, while personal, is limited in scope and relates only to the individual’s place of work and job function/title.
There is no imbalance of power between PES and the individual because they can choose to opt out of receiving direct marketing communications at any time.
Exception to ‘reasonable expectations’
We capture business IP addresses from website visitors and use these to identify contacts from publicly available information. If these contacts or their colleagues visit our website and do not submit personal details, then they will not necessarily expect their data to be processed.
However, we still process this publicly available information on the grounds of legitimate interest, based on all of the other reasons outlined above.