West Midland Trains is committed to protecting and respecting your privacy when you use our services.
- What personal data we collect from you when you use our website, apps, visit our stations, contact us, use our services, or Wi-Fi;
- How we will collect and use that information;
- How we keep information secure; and
- How you can contact us if you wish to exercise any of your rights in relation to the information or make a complaint.
- Information we may collect from you
- How we use your information
- Sharing or disclosure of your information
- Types of information we collect
- Where we store your personal information
- Information Security
- Your rights
We may collect and process information about you when you:
- buy tickets
- travel on our services
- visit our stations or car parks
- use our website, apps or Wi-Fi
- buy a product from us or make a sales enquiry
- contact Customer Relations
- enter a competition
- sign up to receive updates or marketing.
We collect information such as your contact details, ticket purchases, stations visited (for example for charging the correct fares on smart cards), payment and refund details. We may require additional details for some services, such as your age for age restricted tickets. This information is generally provided by you.
Sometimes we obtain details from third parties, for example if our Group structure changes or for legitimate business reasons.
We will only use the information you provide as permitted by the Data Protection Law (DPL). Depending on how you contact us, use our services, the consent you have given, our legitimate interests, or legal obligations we may have, this will include:
To provide you with the service - things like carrying out our obligations arising from any contracts - selling tickets, making and taking payments. We mostly rely on the legal ground of contractual performance to process your data, but sometimes the data is also used for our legitimate interests of customer service, health and safety, improving our services and other legal obligations, like providing information to our regulators.
To provide you with details of our services, information about travelling and customer service - this is based on our legitimate interests, to run train and associated services. Sometimes it is part of our contract or our other legal obligations.
To provide you with details of promotions and offers which we feel may interest you; this is based on our legitimate interests to try and sell more train tickets when you have given consent for us to contact you and you have an absolute right to ask us to stop sending marketing emails/SMS.
To run our services and improve them - we believe in investing in our railway services, not just to benefit passengers but also the wider community, environment, and economy. There are lots of activities we do to achieve this, some are administrative and we also do things like monitoring passenger numbers, and popular stations, improving technology to help plan journeys - make money, run our services safely and be a good employer - we call these our legitimate interests. Some of these are also covered in our legal obligations, not just to customers, but under Franchise Contracts/Local Authority Contracts, the Department for Transport or Regulators. Some data is also shared to run interoperable services – in the Rail Industry this is overseen by the Rail Delivery Group - this is how you are able to use a ticket on a train and tube for example, or use a rail Discount card.
- For your safety and security.
- For fraud and crime prevention.
- To run competitions
We are part of a Group of Companies and share administrative services and support. Your data may therefore be shared with other Group companies where appropriate. We are also required to pass certain customer data to successor franchisees, Secretary of State or Department for Transport.
Our Legitimate Interests
Running our business and Group businesses, in a safe and socially and environmentally responsible manner, efficiently, to provide sustainable and high quality, locally focused passenger transport services, improve and expand our services, be a leading employer in the transport sector, investing in and developing our staff, operating with financial discipline and reducing crime and fraud to provide shareholder value, provide and improve customer services.
Camera systems we operate
Our CCTV is used to capture, record and monitor images of what takes place at our stations and car parks and on our trains, in real time. In limited circumstances, we use body worn cameras which make audio visual recordings.
Depending on the type of camera, images are recorded on video tape (analogue) or as digital information. Cameras can be fixed or set to scan an area. In some circumstances, they can be operated remotely by controllers.
Why we operate CCTV cameras
We operate CCTV for the following purposes:
- Health and safety of employees, passengers and other members of the public;
- Crowd management; and
- Prevention and detection of crime and anti-social behaviour.
We operate cameras at the stations and car parks we manage and on some of the trains that we run.
Network Rail and other TOCs operate the cameras at some stations that our services stop at. These are shown below:
- Birmingham New Street
- Birmingham International
- London Euston
We operate CCTV on some of the trains that we run.
Length of time CCTV footage is kept
CCTV footage at stations and on train is generally held for a maximum of 31 days from the time of recording.
Recordings from body worn cameras is generally held for 24 hours, unless required for legitimate business reasons.
How to access your CCTV personal data
You can request copies of images or footage of yourself by making a Data Subject Access Request.
Disclosing CCTV/personal data to the police
At our discretion, we may disclose CCTV/personal data in response to valid requests from the police and other statutory law enforcement agencies.
Before we authorise any disclosure, the police must demonstrate that the CCTV/personal data is necessary to assist them in the prevention or detection of a specific crime, or in the apprehension or prosecution of an offender.
Requests from the police are dealt with on a case-by-case basis to ensure that any such disclosure is lawful in accordance with the DPL.
Sharing CCTV footage with other third parties
Some of our CCTV infrastructure is shared with the British Transport Police, Local Authorities, Network Rail, [Network West Midlands] and Car Park operators under formal data sharing agreement.
In certain agreed circumstances, they may take control of a limited number of cameras and use them for activities such as the prevention and detection of crime and anti-social behaviour, policing major events and crowd control. WM Trains is not responsible for the CCTV when it is in the control of a third party.
We may also disclose personal data to third parties, if required to by law or it is necessary for a legitimate purpose such as defending or bringing legal action. DPL allows us to do this where the request is supported by:
- evidence of the relevant legislation
- a court order
- satisfactory evidence and assurances of the legitimate interest.
Legitimate interest would include requests such as defending or making a legal claim, such as to insurers following a vehicle collision in a carpark. When we are not required to provide CCTV, we will consider the circumstances and any potential harm to individuals, we may also charge a fee and seek indemnity for any use beyond which it is requested.
External guidelines and best practice
WM Trains operates its CCTV systems in compliance with the CCTV Code of Practice issued by the Information Commissioner’s Office (ICO) in 2017. The Code describes best practice standards which should be followed by organisations operating devices which view or record images of individuals. It also covers other information derived from those images that relates to individuals (for example vehicle registration marks).
This section shows the information we collect when you use our Website, Apps and Ontrain Wi-Fi and Media Service (Loop). Before providing us with your details, please read the following important information regarding:
- Collection of visitor information;
- Cookies; and
Collection of visitor information
We will only use the information that we collect about you lawfully, in accordance with the DPL.
The details you provide about yourself and any other information which identifies you (‘Personal Information’) is held by WMT on this website (the "Site") for operational purposes, for example account registration or processing payments. We may also use your Personal Information to personalise your experience on the Site by informing you of new products or services that we may think are of interest to you.
WMT gathers general information about users, for example, what services users access the most and which areas of the WMT site are most frequently visited. Such data is used in the aggregate to help us to understand how the WMT site is used. We gather this information so that we can continue to improve and develop our services to the benefit of our users. We may make this aggregated information available to [users of the WMT site] and to auditors. These statistics are anonymous and contain no personal information and cannot be used to gather such information.
When you register with WMT, set up a travel alert, enter a competition, or buy a ticket, we ask for personal information such as your name, contact details, and other details. Once you register with WMT and accept our Terms & Conditions, you are not anonymous to us. We may use information that you provide to alert you to our own products and services. We may contact you regarding site changes or changes to the WMT products or services that you use.
If you buy a ticket online with WMT, we will record your personal details and send you a confirmation email. Your personal data will be used principally to communicate with you with reference to your purchase.
You may opt-in to receive newsletters, exclusive discounts, special offers and other marketing emails from WMT. You may unsubscribe at any time by logging in to your account and updating your preferences. Please note changes to your subscription preferences can take up to 14 days to take effect.
Alternatively contract our Customer Relations Team via our web form or write to us at: Customer Relations, West Midlands Trains, 134 Edmund Street, Birmingham, B3 2ES.
Personal details we hold
When you buy a season ticket valid for one month or more, we keep a record of this on a database. We keep the following details:
- Name, address and photo card number;
- Phone number, email and date of birth if you provide them;
- The origin, destination and start and end date of season tickets you have purchased, along with any duplicate, replacement or refund of these; and
- The method of payment used, but not any payment card details.
How we use your personal data
We use this information for Contractual obligations, Customer Relations and administration, customer research, marketing and fraud prevention.
We will only send you information about offers and promotions if you chose to receive it and you can change your marketing preferences at any time. We will not pass your personal information to any other organisation outside of our Group of Companies (and Successor franchise or Secretary of State for Transport) for marketing purposes without your prior consent.
Sharing data with third parties
If you have agreed to receive information for survey or research purposes, we may share your contact details with a limited number of parties, but only for the reasons you have agreed to.
Personal details we hold
We may collect a range of personal detail during revenue protection activity. This may include name, address, proof of ID, journey details, payment details, personal descriptions and other information you provide to support an appeal. This data is processed by Penalty Services Limited.
How we use your personal data
We only use this information for the administration of the Penalty Fares scheme, collection of unpaid fares, fraud prevention and the prosecution of travel offences.
Sharing data with third parties
We may share your correspondence with:
- British Transport Police under a data sharing agreement to prevent and detect crime.
- The Penalty Services Limited if you appeal a Penalty Notice issued to you.
- Passenger Focus if you have asked them to act on your behalf under a complaint handling procedure. Requests from ombudsmen are dealt with on a case-by-case basis to ensure that any such disclosure is lawful in accordance with DPL.
- We may also share information with other TOCs for fraud prevention. We will only do this where there is a formal data sharing agreement in place, or where an ad hoc request is received this will be dealt with on a case-by-case basis to ensure that any such disclosure is lawful in accordance with DPL.
We collect your information and comments when you contact us by letter, email, web form, phone or social media.
Personal details we hold
We may hold your name, address, date of birth, email address, phone number, social media name, ticket details, photocard image, our correspondence with you, the compensation claims you have made and payment made by us, proof of journey or other supporting information you may provide.
To ensure that we carry have an accurate record of dealings between us (and for training purposes) we may, in certain circumstances, record or monitor telephone calls, however you will always be told when this happens.
How we use your personal data
This information is used for administration of correspondence or processing claims you have made, such as delay repay as well as for fraud prevention purposes. We also use it to respond to complaints.
Sharing data with third parties
We are required to provide details of your complaint to another TOC if it relates to their services instead of ours. We may share your correspondence with Passenger Focus or London Travel Watch or the Ombudsman, if you have asked them to act on your behalf under a complaint handling procedure.
We may also share information with other TOCs for fraud prevention. We will only do this where there is a formal data sharing agreement in place, or where an ad hoc request is received this will be dealt with on a case-by-case basis to ensure that any such disclosure is lawful in accordance with DPL.
On our stations, we maintain Customer Help and Assistance Points. Depending on the service requested these are linked directly to our Control Centre or to National Rail Enquiries.
Calls for Information or Assistance made to National Rail Enquiries are recorded and monitored, but no advance notice is given as this could result in a delay in the providing assistance.
The information that we collect from you will only be stored in the European Economic Area (“EEA”) or, where it is necessary to disclose it to our processors located outside the EEA, other jurisdictions which are acceptable according to guidance provided by the Information Commissioner and/or where appropriate legal and security safeguards are in place. Please contact the DPM if you wish to find out more about the safeguards.
We use a range of technical and organisational measures to safeguard access to and use of, your personal information and to ensure it retains its integrity and availability. These include structured access controls to systems, network protection, intrusion detection, physical access controls and staff training. We also consider anonymising or pseudonymising personal data where practical.
Unless stated otherwise we will aim to satisfy your instruction, or inform you as to why we are unable to, without undue delay and within 30 days. If we anticipate that we will not meet with this timeframe we will let you know within 30 days and explain what the problem is.
To prevent marketing to you, you have the right to ask us not to process your personal information for marketing purposes. We will usually inform you before collecting your information if we intend to use or disclose it for such purposes. If you do not want us to use your information for marketing purposes either:
- indicate this by NOT ticking the box to be sent marketing emails (or offers);
- if you have an account with us, by logging in and changing your contact preferences;
- click the unsubscribe link on direct marketing emails; or
- contact us.
You are entitled to request a copy of the personal information we hold about you.
Please contact [email protected].
We may need to ask for some further information, such as checking who you are. You can download and send our Subject Access Request form, which will help us deal with your request more efficiently.
Please let us know in what format you wish to receive your information.
Sometimes we may hold information that we don’t have to provide, for example it would prejudice a police investigation or if the disclosure would cause harm to another person whose personal data is inseparable from your data.
In most cases we provide the copy of your data to you for free. We have set out some information about when it might not be free, or provided below.
If you believe the information we hold about you is inaccurate or incomplete you can contact us and ask us to correct it. You may also request any data processing we are carrying out on your data is halted whilst a request for rectification, objection or a dispute over the lawfulness of processing is being considered. We will provide a response confirming the action we have taken or disagree with taking.
This is also known as the “Right to be forgotten”, you can request deletion or removal of personal information in some circumstances, such as where there is no compelling reason for its continued processing. We will also take reasonable steps to notify third parties of your instruction and request that they act upon it, in a similar manner.
If we relied on consent as the ground for processing your personal data, you can withdraw this consent at any time. It does not affect the processing carried out beforehand. You can withdraw consent by contacting Customer Relations (on 0333 311 0006 or via our web form) or our DPM.
Where you have consented to receive direct marketing communications, you can withdraw your agreement at any time, as above or where available updating your preference centre or clicking on the appropriate link in the communication.
We will act upon such an instruction as soon as possible.
Where you have provided us with personal data and the reasons we are processing it are based on consent or our contract with you, and the processing is automated, you have a right to ask for that information be provided to you or another data controller in a structured, commonly used and machine-readable format. The right may be restricted if it is not practical for us to provide the information in this way or it adversely affects the rights of others.
We target some of our marketing and service communications, so that they are more relevant to you, based on the type of ticket(s) you bought, your location/travel stations. We will try and ensure where possible the communications are compatible with the device you are using.
We use automated decision making to calculate the validity and value of Delay Repay claims made through our website. You will receive a notification of the outcome of your claim. At this stage you are able to request that your claim is manually reviewed by a member of the Delay Repay team. If you remain dissatisfied you can escalate to our Customer Relations team.
We are not able to charge you a fee for dealing with rights requests, unless they are manifestly unfounded or excessive or in circumstances where copies have been provided previously. We would always let you know if we thought this was the case, so that you can decide about what you wanted to do next.
There are various limitations and exemptions in relation to the exercise of rights in DPL - for example if it would affect another’s rights and freedoms or if we need to retain the information to make or defend a legal claim. We intend only to rely on limitations and exemptions where it is fair to do so and always bearing in mind that it is your personal data.
The DPM role has been established in a manner to remain independent of business decisions. If you wish to lodge a complaint against:
- the business, please contact our DPM; or
- the DPM or DPO, please contact the ICO.
We also have a complaints policy. If you are not happy with the way in which we deal with your data or have dealt with a rights request, then please us know. Our DPM are the first point of contact for dealing with Rights Requests and complaints and they are assisted by Customer Relations. If you are not satisfied with the way in which they have handled your complaint or rights request then you can contact the DPO.
If you are not satisfied with the response you can complain to the ICO. Their contact details are:
Information Commissioner's Office
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number
Fax: 01625 524 510
We’ll store your information for as long as we have to by law or regulatory requirement. If there’s no legal or regulatory requirement, we’ll only store it for as long as we need it. We’ll also keep some personal information for a reasonable period after your last contact with us – just in case you decide to use our services again. We, or one of our partners, may contact you about our services during this time if you haven’t opted out of receiving marketing communications from us.
We may also keep your personal data for the purposes of our legitimate interests in running our Group businesses, including anonymising or pseudonymising data for analysis.
This Policy was last updated on 07/10/2020.
EU General Data Protection Regulation
For the purposes of the EU General Data Protection Regulation (GDPR), the data controller is:
West Midlands Trains, 134 Edmund Street, Birmingham, B3 2ES.
Our Data Protection Manager (DPM) is:
Audit & Compliance Manager, West Midlands Trains, 134 Edmund Street, Birmingham, B3 2ES.
Our nominated Data Protection Officer (DPO) is:
Edward Walker, Abellio Group, St Andrews House, Second Floor, 18-20 St Andrew Street, London, EC4A 3AG
More information about the EU GDPR and all related and subordinate legislation as amended or re-enacted from time to time can be found on the Information Commissioners website.
The Information Commissioner is our regulator for data protection matters.