PRIVACY NOTICE – SHAREHOLDERS
Who does this privacy notice apply to, and what is it about?
This privacy notice applies to you if you are an individual and you are either a current or former shareholder of National Express Group PLC, or otherwise you currently have, or have previously had, an interest in the shares of National Express Group PLC, whether that interest is legal or beneficial.
This privacy notice explains what personal data we collect about you and what we do with it. It also explains your rights in respect of your personal data and it informs you what to do if you have any questions or complaints about our use of your personal data.
Who is the controller of your personal data?
The controller of your personal data that is collected and processed for the purposes explained in this privacy notice is National Express Group PLC.
The data controller’s representative for the purposes of this privacy notice is National Express Group PLC’s Company Secretary, who can be contacted using the contact details set out at the end of this notice.
What personal data do we collect about you, and how?
We collect certain personal data about you, including:
- your name;
- your address;
- details of your past or present holdings of shares and/or interests in shares in National Expresss Group PLC, whether you hold or held these as legal owner or have or had a beneficial interest in them;
- details of how you have in the past exercised, or intend in the future to exercise, your voting rights attached to shares in National Expresss Group PLC;
- your bank or building society account details into which dividends and other income or capital returns on your shares have in the past, or should in the future, be paid;
- your contact details, such as email addresses and telephone numbers, where you have provided these to us;
- your image, where it is captured by visual recording equipment; and
- your voice, where this is captured by audio recording equipment.
We collect this information in a variety of ways, including:
- by you providing it to us, either voluntarily or at our request or demand;
- if you are also an employee of a National Express group company, by your employer providing certain of these details to us;
- by third parties acting on your behalf providing certain of these details to us, such as stock brokers and other agents through whom you may have acquired or disposed of your shares or interest in shares;
- where you exercise your rights in respect of your shares, including by your attendance at general meetings and voting in person or by your casting proxy votes, whether in hard copy form or by submitting electronic instructions via the CREST system;
- from third parties who perform services on our behalf, such as our registrars who assist us with maintenance of our share registers and with the conduct of our general meetings;
- by capturing your image and/or your voice on visual and/or audio recording equipment, for example on CCTV at our premises if you attend such premises, on any recordings made of our general meetings if you attend such meetings, and on any recordings made of other presentations to shareholders if you attend such presentations.
What do we do with your personal data, and on what basis?
We collect and process personal data about you for the following purposes:
- Legal and regulatory compliance: to comply with laws and regulations to which National Express Group PLC is subject, including those that require us to keep records and file returns about the shareholdings in National Express Group PLC, pay you amounts due on your shares, send you information about National Express Group PLC and comply with disclosure requirements imposed or enforced by governmental authorities and regulatory agencies, including law enforcement agencies and tax authorities.
- Contractual compliance: to comply with our contract(s) with you, as set out in the memorandum and articles of association of National Express Group PLC and/or in any share scheme or plan trust deed or rules, including giving you the information and communicating with you in the ways referred to therein.
- Managing our relationship with you: to enable us to otherwise manage our relationship with you, including by meeting with you, communicating with you and answering questions you ask of us.
- Other legal purposes: to enable us to enforce or defend our legal rights, including by bringing or defending legal claims that may be made by or against National Express Group PLC in relation to your shareholdings or interests in shares.
- Safety and security: to seek to ensure the safety and security of attendees at our general meetings and at presentations to shareholders, and to keep records of those events.
- Dissemination of information: to disseminate information about National Express Group PLC’s business, strategy and financial results.
We process your personal data because we have legal obligations to do so and because it is necessary to perform our contract(s) with you as a shareholder and/or holder of interests in shares in National Express Group PLC. Otherwise we process your personal data on the basis of our legitimate interests, which are to achieve those purposes referred to above that do not relate to complying with a legal obligation or performing our contract with you.
Where we process your personal data only on the basis of our legitimate interest, you have the right to object to that use. However, we do not have to stop processing personal data where we have compelling grounds that override your interests, or where we need to process your personal data in order to establish, exercise or defend legal claims. If you have any objections please contact National Express Group PLC’s Company Secretary (details below).
Where we use your personal data because we have a legal obligation to do so or to perform a contract with you, there is no right to object.
What if we have obtained your consent to use your personal data?
If we obtain your consent for any use of your personal data (which is likely to be for a purpose that is not described in this privacy notice), you may withdraw that consent at any time and we will give you further information in any consent form by which we obtain your consent on how to withdraw your consent.
What are our obligations to collect and your obligations to provide personal data?
We have legal obligations to collect and process certain personal data about you, for example to record your details in our statutory register of members, to pay you amounts due on your shares, to enable you to exercise your rights attached to shares and to send you certain information. You may also have legal obligations to provide us with certain information about you, for example where we make a statutory demand to ascertain the beneficial ownership of shares.
If you do not provide us with the information necessary to enable us to comply with our legal obligations, you may not be recognised as a shareholder of National Express Group PLC and/or you may not be entitled to exercise or enjoy your rights attaching to your shares in National Express Group PLC and/or we may not be able to fulfil our other obligations to you.
Who will we share your personal data with?
We will share your personal data with third parties where we are legally obliged to do so, for example with government bodies and regulatory agencies and with the courts and parties to legal proceedings pursuant to court rules and orders.
We may share your personal data with subsidiaries of National Express Group PLC, for example where they assist us in complying with our legal obligations to you and/or managing our relationship with you.
We may also share your personal data with third party suppliers and service providers to National Express Group PLC and its subsidiaries, for example professional advisors and third parties who are used by us to perform processing activities, such as software service providers and payment service providers.
The National Express Group PLC subsidiaries and/or third parties who process your personal data on our behalf may do so in countries outside the European Economic Area (EEA) that are not deemed to provide a similar level of protection for individuals’ rights in relation to their personal data as in the EEA. Where that is the case we have entered into appropriate contracts with those National Express Group PLC subsidiaries and third parties based on the standard contractual clauses approved by the European Commission, a copy of which can be found here: http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32010D0087, such that your personal data should be afforded the same level of protection as when it is processed in the EEA.
For how long will we process your personal data?
We will process your personal data for as long as you hold shares or an interest in shares in National Express Group PLC.
We will also retain your personal data after you cease to hold shares or an interest in shares in National Express Group PLC for so as long as necessary to deal with any outstanding matters relating to your holding or interest, including where legal claims have arisen or might arise.
We may also retain your personal data where it is comprised in business data which evidences your holding or interest, such as where your name or other information about you appears in business records or reports for as long as we need to keep that evidence for our business purposes, which is likely to be at least six (6) years from creation of that evidence or longer where there are legal requirements to hold such evidence for longer.
In respect of your personal data which is contained in our statutory registers, we will retain this personal data for an indefinite period.
What rights do you have in relation to your personal data?
You have a number of rights in relation to your personal data. These include the right, subject to exceptions, to:
- access your personal data;
- request the rectification or erasure of your personal data;
- request restrictions on the processing of your personal data; and
- object to our processing of your personal data.
You may also have the right in some circumstances to receive a copy of your personal data in a portable format e.g. Microsoft Excel. This right is limited to personal data that you have provided to us and is processed on the basis of your consent or your contract(s) with us. It does not cover personal data that we process on other grounds.
Please contact National Express Group PLC’s Company Secretary if you wish to exercise any of these rights.
What should you do if you have any questions or complaints?
If you have any questions or complaints about how we process your personal data, you should contact National Express Group PLC’s Company Secretary at:
- Address: Company Secretary, National Express Group PLC, 60 Charlotte Street, London W1T 2NU
- Email address: firstname.lastname@example.org
You also have the right to complain to the UK Information Commissioner’s Office about how we process your personal data. You can do this by contacting them on their helpline on 0303 123 1113.