StC Payroll Giving – FAQ’s for Charity Clients

Hello and welcome to StC Payroll Giving. We endeavour to provide you with the best possible service with ethical fundraising, efficient and quick responses to queries and we hope that we have a long and fruitful business relationship.

Here are some FAQ’s that you may find of interest, but if you need any further clarification, please do not hesitate to contact Alice on awright@test.stcpayrollgiving.co.uk

Background

1. The Charity intends to raise funds in accordance with its charitable objectives. The Organisation is a professional fundraising organisation engaged in Payroll Giving (as defined below) and other fundraising.
2. The Charity wishes to enter into an agreement with the Organisation to raise or collect funds via Payroll Giving (under the tax effective schemes introduced under the Finance Act 1987) from employees and employers (where appropriate) and via standing order (whether using Gift Aid or not), from anybody wishing to donate in this way, in accordance with the terms of this Agreement.
3. The Organisation has agreed to provide the Services set out in accordance with the terms of the signed agreement.

1. How did you respond to the changes in regulations concerning fundraising and how charities work with fundraising agencies? A. We have updated our contracts to reflect the new regulations in force as contained in the Charities (Protection and Social Investment) Act 2016, (as amended or replaced from time to time, or any statutory requirements or modifications thereof); and our contract also states that we will abide by the codes of conduct for payroll giving fundraising issued by the Association of Payroll Giving Organisations (APGO), the Institute of Fundraising and the Fundraising Regulator.

• We are registered with the Fundraising Regulator.

It also states that we will abide by our own Ethical Fundraising policy, (as amended or replaced from time to time), copy attached below as Addendum 1 and which can also be seen on the StC website www.stcpayrollgiving.co.uk.

1. How did you prepare for GDPR? A. We went through detailed and lengthy GDPR compliance process because we take personal data management, security and integrity very seriously.

We have written a Governance Framework and reviewed and audited each and every one of our policies concerning data security and instigated new policies where necessary.

Given the nature of our business model though, and having taken advice on this subject, we do not think that we are your “data processor”. This is because, properly analysed, we do not process personal data on your behalf. Instead, our analysis of the data sharing arrangement between us is that we are a data controller in respect of the personal data; and, when we share the personal data with you, you also become a data controller in respect of that same personal data. As I am sure that you will appreciate, by treating ourselves as “data controller” in these circumstances, we are in no way looking to diminish our responsibilities under GDPR. Quite the reverse. As “data controller” rather than “data processor”, the legal responsibilities on us are, if anything, even greater. With both of us being data controllers in respect of the donor personal data that we share with you, the key to us both ensuring transparency for the donors is to adequately describe our data-sharing arrangements in our respective privacy notice documentation.

Data sharing agreement documentation based on a “data controller/data controller” relationship, is included in the new version of our contract and data sharing agreement which has been sent to every charity client. We absolutely applaud transparency and good practice in connection with data sharing arrangements because, like you, we take the security and integrity of the donors’ personal data extremely seriously.

We have achieved the ISO27001:13 information security standard.

2. Data Security, what are you doing to keep the donor’s data secure? A. Our contract states that we will abide by the Privacy and Data Protection Requirements (as amended or replaced from time to time, or any statutory requirements or modifications thereof).

After 25 May 2018, Privacy and Data Protection Requirements shall means the GDPR, the Data Protection Act 2018, the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) (as amended) and, once in force, the EU E-Privacy Regulation and any subsequently enacted United Kingdom legislation to implement any part of the EU E-Privacy Regulation.

We use Sharefile to disseminate information. ShareFile employs SSL/TLS protocols to protect client authentication, authorization and file transfers.

High-grade encryption – ShareFile secures files in transit with no less than 128-bit encryption using industry-standard encryption protocols.

File Integrity – ShareFile employs a keyed hashed message authentication code (HMAC) to authenticate and ensure the integrity of intra-system communications. ShareFile verifies file size and file hash to ensure integrity.

Link generation – ShareFile download links are uniquely and randomly generated using strong hash-based message authentication codes. ShareFile provides technical countermeasures to protect links from guessing attacks.

Currently no data is stored outside the EU.

3. What is your policy on dealing with vulnerable donors? A. Please see our policy attached (Addendum 2).
4. Are charities able to meet the fundraisers and train them, whilst imparting information about their particular? A. As StC works with circa 200 charities, this would not be practically possible. Also, our fundraisers are invited into workplaces to promote the payroll giving scheme, not a specific charity. Once a donor has agreed to donate to a charity through the scheme, then he/she is asked which charity they would like to support and materials from charities are used if the donor asks for more information. Our fundraisers are trained to be knowledgeable but impartial when it comes to charity choice. It must also be remembered that fundraisers may not normally have time to educate a donor about any one charity, as they are trying to see as many people as possible in a short time.

5. Which privacy and disclosure statements appears on your donor recruitment form?
6. Which marketing statement appears on your donor form?
7. What materials can a charity supply to help raise awareness of their cause? A. It’s good for our fundraisers to have as much information as possible when representing your cause, and they do carry small charity postcards with them that include as much information about the charity as possible. Newsletters are also a great aid for our fundraisers, giving the fundraisers a better understanding and current news within the charity. Newsletters can either be sent via email as below or a few copies in the post to circulate to our fundraisers.

The most popular giveaways we find most appealing to a donor are things like bears, pens and badges. These seem to be a great incentive to help donor uptake.

8. Can charities have access to our fundraiser training manual? A. We are not able to share our whole fundraising training manual as it is business sensitive information, but we can share with you an extract.

Bearing in mind that charities work with other PFO’s and often fundraise for themselves face to face, our training methods are not for public distribution.

Payroll Giving is different from other forms of F2F fundraising in that we are promoting in the workplace with the permission of employers and we have often spent years building up relationships with these employers. If we are not absolutely ethical with our fundraising, then we run the risk of visiting permissions being retracted. That leads to us having a zero-tolerance policy with bad fundraising practice and fundraisers who do not comply with our policies are let go immediately.

Fundraising training logs can be obtained upon request from: charityupdates@test.stcpayrollgiving.co.uk

9. Are charities able to attend promotions and fundraiser training and carry our “shadowing”? A. We could not possibly accommodate this for every charity that we work with, but in order for the you to monitor compliance along with current regulations, we will:

• given suitable advance notice, allow a representative from the Payroll Giving Charity Forum (PGCF) to attend one of our fundraiser training sessions, not more than twice a year, and we will share with you any relevant reports produced the PGCF, or by other organisations and APGO approved parties upon request;
• given suitable advance notice, allow a representative from the PGCF to shadow a fundraiser during a payroll giving promotion, not more than four times a year, and share with you any relevant reports produced by the PGCF, or by other organisations and APGO approved parties upon request.

Shadowing and training reports can be obtained upon request from: charityupdates@test.stcpayrollgiving.co.uk

10. How are our fundraisers paid? A. We are not at liberty to fully disclose pay levels but can assure you that all of our fundraisers are paid a daily rate plus OTE.
11. How do StC charge charities? A. We have a scale of costs which depend on the size of the annual donation. (Please refer to your contact for a full listing). This reflects the way that fundraisers are remunerated.
12. How do charities request a refund if a donor does not materialise? A. Please refer to your contract for full details but here is an extract:

12.3 The Charity shall: –

12.3.1 raise any query in respect of Donor Recruitment Fees with the Organisation no earlier than five (5) months after the date of a Donor’s Pledge (as shown on the signed Donor’s Pledge form) so that the matter may be investigated; and

12.3.2 bring any query or discrepancy (including any non-appearance of income) to the attention of the Organisation not later than eight (8) months after the date of the Donor’s Pledge;

13.Where can I get further information about Payroll Giving? A. See here for a full explanation concerning the scheme and how it works https://www.institute-of-fundraising.org.uk/groups/sig-payroll-giving/payroll-giving-manual/

14. Who do I contact with a query?

Alice Wright – Awright@test.stcpayrollgiving.co.uk – Contracts, general queries

Kara Francis – charityupdates@stcpayollgiving.co.uk – Materials, give-aways, charity news and updates. Also requests for shadowing reports, training reports etc.

Kara Francis – accounts@test.stcpayrollgiving.co.uk -invoicing, accounts

15. What other policies do you have? A. See here for a full list of policies https://stcpayrollgiving.co.uk/policies/
16. What is the Workplace Giving hub? A. See here https://stcpayrollgiving.co.uk/workplace-giving-hub/ or contact benefits@test.stcpayrollgiving.co.uk for further details

Addendum 1

StC Payroll Giving (StC) – Ethical Fundraising Policy

StC Payroll Giving (StC) is committed to its mission to help charities of all sizes to raise regular income using the Payroll Giving Scheme in order to provide long term income for these charity clients. We commit at all times to be open, honest, fair and legal.

This policy seeks to cover the ethical issues and social responsibility within fundraising. All STC staff involved in fundraising have a responsibility to be aware and have a thorough understanding of the ethical issues referred to in this policy.

1. STC respects the rights of donors to clear, truthful information on the work of STC and to openly report how we manage donors’ information responsibly.
2. We will comply with the Institute of Fundraising and the Fundraising Regulator’s Codes of Fundraising Practice as amended from time to time and UK law in every respect, including those regarding openness and honesty with members of the public.
3. As members of the APGO’s self-regulatory scheme, we follow their Code of Conduct, which, amongst other things, helps to ensure that organisations raising money for charity from the public do so honestly and properly.
4. We will respect the privacy and contact preferences of all donors. We will respond promptly to requests to cease contacts or complaints and act as best we can to address their causes.
5. We will adhere at all times to the legal requirements the Charities (Protection and Social Investment) Act 2016 and any amendments made to them. We will ensure that equivalent fundraising activities carried out in Northern Ireland are managed in the same manner.

Our fundraisers will at all times:

1. Provide clear and adequate, written or verbal, information to the public about possible follow‐up, including any applicable telephone procedures or other contact details as required by the Privacy and Data Protection Requirements:
2. Act honestly and in a manner, that does not mislead and will not knowingly or recklessly disseminate false or misleading information in the course of their fundraising duties, nor permit others to do so;
3. Utilise materials as agreed previously with the fundraising organisation;
4. Ensure that in the event of a complaint, a record of the name, address and telephone number of the complainant is made, and the complainant is referred immediately to the organiser of the activity and to the Fundraising Director of StC as per our complaints procedure, (as amended or replaced from time to time), copy attached below as Addendum 3 and which can also be seen on the StC website www.StCpayrollgiving.co.uk;
5. Not directly encourage existing donors in any way to change an existing charitable donation to another fundraising organization;
6. Use a courteous manner that will not bring StC, the charitable organisations or Payroll Giving into disrepute;
7. Ensure that donors are aware that committed giving schemes are intended for long‐term donations; that the donor has the right to terminate the agreement at any point.
8. Terminate any contact politely and immediately upon request;
9. NOT continue to ask an individual for support if:

• that person clearly indicates – by word or gesture – that they do not wish to continue to engage; or
• they have reasonable grounds for believing, in the course of their engagement with the individual, that they are in vulnerable circumstances which mean they are unable to make an informed decision to donate.

10. Ensure that donors are aware that they are free to elect to give to any charitable organisation following a Payroll Giving promotion, even if it is a charitable organisation that the fundraiser is not directly representing;
11. Ensure that all materials, especially completed donor forms, are held securely and in accordance with their obligations under the Privacy and Data Protection Requirements and our own privacy policy;
12. Wear photo identity badges provided by StC in a visible place at all times;
13. Ensure that sufficient safeguards exist and are followed throughout the solicitation process to avoid pressurising potential donors, though reasonable persuasion can be used;
14. Ensure that donors are aware that they have the right to terminate an agreement to donate to a fundraising organisation at any point;
15. Make legally compliant statements as to how StC are paid; In all cases, the disclosure (or solicitation) statement MUST be made either before money is given by the donor or before any financial details relevant to the transaction are requested by the fundraiser (whichever is the sooner).
16. Process information as swiftly as possible and ensure that information relating to new donors is passed to the relevant parties as soon as possible;
17. When representing multiple organisations, ensure that all clients are represented in an entirely neutral manner;

Above all the fundraiser must ensure that the public are protected from unreasonable intrusion on a person’s privacy, unreasonably persistent approaches or undue pressure to give, as per the Charities (Protection and Social Investment) Act 2016.

Before any approaches to solicit donations are made to a group of employees, StC will agree conditions of access with the relevant employer.

The Organisation shall adhere to the StC policy for dealing with vulnerable people donors written in accordance with industry regulators and deemed to be satisfactory by the Charity.

We will have in place a clear and published internal procedure for members of staff and volunteers to report any concerns they may have regarding our organisation’s fundraising practice. This is contained within our handbook and will also be made available as a standalone policy to our freelance contractors. The policy includes the type of issues that can be raised and the process for doing so; ii) how the person raising a concern will be protected from victimisation and harassment; iii) how and what we will do in response to receiving such information; and iv) how an individual can escalate their concerns on fundraising practice to the Fundraising Regulator or the Independent Fundraising Standards and Adjudication Panel for Scotland, in the event that internal consideration is not possible.

Addendum 2

StC Policy for dealing with vulnerable donors.

At StC we want our clients, both charity clients and employers, to feel comfortable with the ways that we recruit donors. This policy aims to make sure that we meet this pledge at all times. We also want everyone who works for us to understand their responsibilities to all donors, whether potential donors or recruited donors. We want to work together in a clear and consistent way, always taking reasonable care to treat everyone fairly.

This policy follows the Institute of Fundraising’s guidance Treating Donors Fairly, specifically the guidance for fundraisers on responding to the needs of people in vulnerable circumstances and helping donors make informed decisions. The full report can be found here: http://www.institute-of-fundraising.org.uk/guidance/research/treating-donors-fairly/

Sections of this policy marked with an asterisk (*) have been taken directly from the Institute’s guidance.

As well as the Institute of Fundraising, we are also members of the following professional body:

– Association of Payroll Giving Organisations (APGO)

We abide to follow the codes of each of these organisations and those regulations put forward by the Fundraising regulator and the Charities Act 1992 and the Charities (Protection and Social Investment) Act 2016, (as amended or replaced from time to time, or any statutory requirements or modifications thereof.

We want this policy to inform our working practices and be relevant to all. We will take steps to ensure that this approach is embedded in our organisation’s culture and ensure that this policy is visible at all times on our website. http://www.StCpayrollgiving.co.uk/other-policies/

We will ensure all those that regularly communicate with donors are fully trained before they do so and that this training is refreshed at least once a year.

How do we identify an individual who needs additional care and support, or may be in a vulnerable circumstance?

The Collins dictionary defines “vulnerable” (amongst other things) as:

1. Capable of being physically or emotionally wounded or hurt
2. Open to temptation, persuasion, censure, etc.
3. Liable or exposed to disease, disaster, etc.

We first need to define someone as vulnerable and then ascertain if this is a permanent or a current life situation. We will not make sweeping judgements on people – for example, age is not necessarily an indicator of vulnerability – and everyone should have the opportunity to donate, if they are able to do so. We also need to bear in mind that actively avoiding someone based on a characteristic such as age could be seen to be discriminatory.

Permanent versus temporary vulnerabilities *

There is some overlap in these indicators above and the tests relating to mental capacity. The important distinction is whether the individual has a complete lack of capacity to make a decision or needs more information and support to be able to make a decision to donate. Fundraisers need to be aware of this difference so that they can make a reasoned judgment and act appropriately when dealing with existing or potential donors. An individual who may need additional care and support, or may be in a vulnerable circumstance, can still have capacity to choose to donate to a charity.

Examples include: Permanent	Current life situation
Physical & mental medical conditions	Physical & mental medical conditions
Disability	Times of stress or anxiety e.g. Bereavement, redundancy
Learning difficulties	Financial vulnerability