Privacy - General Provisions
The Noise Chap will not sell your data to any third party nor any data arising from any consultancy services provided.
Where The Noise Chap obtains data or information on any particular company as a result of the consultancy activities, the privacy of that data shall be respected and it will not be divulged to any other person or company.
If someone asks for a quote we may follow that up by email or phone but only a couple of times and then will leave it as we also hate being chased up endlessly for something we've shown interest in.
The only purchaser data retained by The Noise Chap is work-related information such as email address, phone number and workplace address. We do not want nor receive any personal non-occupational data from any client contact. By necessity, anyone contacting The Noise Chap regarding workplace services is taken as consenting to this limited data being held.
The Noise Chap does hold personal data on individuals arising from the audiometry aspects of the work. This is carefully guarded including not retaining any data which is not pertinent to future audiometry services, keeping it encrypted, and returning as much data to the attendee as possible rather than keeping it in The Noise Chap. More on this is below.
If someone contacts The Noise Chap in a non-occupational role, such as merely for advice on a certain topic, none of their data is retained or used.
The website uses a cookie to calculate the number of visitors, which pages they go to and how long they stay there. NOTHING IS IDENTIFIABLE in that and it is all presented in aggregate. No data from the cookie is used for advertising, tracking on sites other than this one, or has it's information passed to anyone else.
For example, the data helps to identify what type of device people visit the site on - we design it on a lovely big 27" iMac but there is no point in making it look good on that massive screen if most people are visiting on a mobile phone, so this data helps make sure the site works for the type of device people visit on. But, we cannot identify any single device. Here is an example of what this looks like:
Audiometry data and GDPR
The following information is provided for individuals who may be wishing to know what data is held by The Noise Chap as part of the workplace audiometry process, and what they can access and who to contact.
The Data Controller / Data Protection Officer for The Noise Chap is Adam Jackson who can be contacted directly using the contact details on this site.
Any personal data collected is during the audiometry process which is undertaken by clients for lawful compliance with the Control of Noise at Work Regulations. The data collected is to enable compliance with Regulation 9 of the Noise Regs.
Data is largely obtained directly from individuals except in the rare case of a client transferring a screening process to us from another provider. In these cases data may be provided to us by the previous screening company. The Client (employer) provide us with the individual's name. Data is not gathered from public sources.
Data obtained by The Noise Chap is used in the audiometry process itself. The majority of the data is then returned to the individual and not kept by The Noise Chap or passed to any other person or body, including the Client. The Client (employer) will receive audiometry results (in the form of the same audiograms also given to the individual) along with short notes on people with specific hearing-related problems only. All other data is not retained by either The Noise Chap or the Client beyond its use in undertaking the hearing test. In plain language - the health questionnaires are given back to the individual attendee and not retained.
Data may be transferred outside the EU as part of the backup process to guard against data loss. In such cases all data is fully encrypted and unreadable by any 3rd parties, even if they try to access it.
The audiometry results will be maintained electronically by The Noise Chap for an indeterminate period. This is important as historical results are used for comparison in future re-tests to determine if change is taking place and to ensure the continued well-being of the individual.
Individual consent is not obtained for all audiometry data as it is gathered purely for the purposes of compliance with a legislative requirement therefore the giving of consent for this is not required. In GDPR organisations are permitted to obtain and process data for regulatory compliance without the explicit consent of individuals.
Individuals can request that their data be deleted from The Noise Chap's records by contacting the Data Controller. They should be aware that a duplicate will also be held by their employer and the employer is not duty-bound to comply with any deletion request as maintaining the data is being done for legislative compliance purposes. As the data is for legislative compliance a request for deletion can be denied - think of it as like writing to HMRC to ask them to delete all your employment and tax history. If a request for deletion is denied by The Noise Chap then the individual has the right to lodge a compliant with the supervising authority. This authority is the Information Commissioner's Office.
Individuals cannot refuse to divulge personal relevant information during a hearing test appointment as it is required for compliance with a legislative need. The obligation placed on individuals to 'co-operate' in the audiometry process within the Noise Regs. remains in place and over-rides any desire not to divulge information. Non-compliance with this would be treated in the employer’s disciplinary process in exactly the same was as any other non-compliance with a legislative requirement at work.
As personal information gathered by The Noise Chap may at times be given reluctantly, The Noise Chap takes a very strong stance on limiting the personal data retained. This is explained at length here, but guarantees that neither The Noise Chap nor the employer retain any data which is not necessary for the legislative compliance.
Data is only used for the sole purpose of undertaking and maintaining a workplace audiometry programme. There is no profiling or other automatic processing use, nor marketing use or sale of the data.
A copy of their data can be requested at any time by any individual via the nominated Data Controller (see 1 above). This will be provided within one month and no charges will be levied for it. It should be made clear that some of the audiometry data is in the form of a .dat file which specialist software will be needed to read, but this file is exactly the same as the printed copy given to the individual during their hearing test. Every individual on whom we hold any audiometry data has already been given a copy of that data as part of their hearing test. As the data has already been provided to the individual during their hearing test, The Noise Chap will accept one further request for data per individual as a reasonable request. As the data is medical in nature, the identity of the person requesting the data will need to be confirmed before it can be provided.
An important part of The Noise Chap Ltd’s operating procedure is that hearing tests (and lung tests) are undertaken directly for the Client - the Client is hiring-in specialist equipment and an operator to gather necessary data for the Client and the Client’s own legal obligations. We are a tool being used by the Client for their own legislative compliance and as such all data obtained by us during the audiometry process belongs to the Client and will be provided to them unless returned to the employee first.
Data transfer to another screening company
Should a client wish to have data transferred to another screening company then as all results are provided to the client in PDF format the data transfer shall be direct between the Client and the new external provider. Upon notification of the transfer The Noise Chap Ltd. shall delete all audiometry data held relating to the client.