Sremium Limited Privacy, Cookies and Data Protection (GDPR) Policies
This Policy sets out the obligations of Sremium, a company registered in Ireland under number 376568, whose registered office is at Sremium Limited 60 Amiens Street, Dublin 1, D01 E086, Ireland (“the Company”) regarding data protection and the rights of customers, business contacts and website visitors and any other identifiable persons (“data subjects”) in respect of their personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.
The Company is committed not only to following the guidelines, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.
2. The Data Protection Principles
This Policy aims to ensure full compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:
2.1 Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
2.2 Collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes.
2.3 Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
2.4 Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay.
2.5 Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data subject.
2.6 Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.
3. The Rights of Data Subjects
The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details);
3.1 The right to be informed – Section 5.3
3.2 The right of access – Section 14
3.3 The right to rectification – Section 8
3.4 The right to erasure (also known as the ‘right to be forgotten’) – Section 16
3.5 The right to restrict processing – Section 18
3.6 The right to data portability – Section 17
3.7 The right to object – Section 19
All elements of the rights of data subjects are further clarified in this document.
4. Lawful, Fair, and Transparent Data Processing
4.1 The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The GDPR states that processing of personal data shall be lawful if at least one of the following applies;
4.1.1 The data subject has given consent to the processing of their personal data for one or more specific purposes
4.1.2 The processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract with them
4.1.3 The processing is necessary for compliance with a legal obligation to which the data controller is subject
4.1.4 The processing is necessary to protect the vital interests of the data subject or of another natural person
4.1.5 The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller, or
4.1.6 The processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child
4.2 If the personal data in question is “special category data” (also known as “sensitive personal data”) (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation), at least one of the following conditions must be met;
4.2.1 The data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless EU or EU Member State law prohibits them from doing so)
4.2.2 The processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by EU or EU Member State law or a collective agreement pursuant to EU Member State law which provides for appropriate safeguards for the fundamental rights and interests of the data subject)
4.2.3 The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent
4.2.4 The data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects
4.2.5 The processing relates to personal data which is clearly made public by the data subject
4.2.6 The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity
4.2.7 The processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject
4.2.8 The processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of EU or EU Member State law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the GDPR
4.2.9 The processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of EU or EU Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy), or
4.2.10 The processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the GDPR based on EU or EU Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject
5. Specified, Explicit, and Legitimate Purposes
5.1 The Company collects and processes the personal data as set out in this Policy. This includes:
● Personal data collected directly from data subjects; and
● Personal data obtained from third parties
5.2 The Company only collects, processes, and holds personal data for the specific purposes set out in Section 20 – ‘Personal Data Collected, Held, and Processed / Record of Processing Activities’, below.
5.3 Data subjects are kept informed at all times of the purpose or purposes for which the Company uses their personal data. Please refer to Section 20 – ‘Personal Data Collected, Held, and Processed / Record of Processing Activities’, below, for more information on keeping data subjects informed.
5.4 Data held by the Company will not be used for any purpose other than that for which express consent was given by the Data subject.
6. Adequate, Relevant, and Limited Data Processing
The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under Section 5 – ‘Specified, Explicit, and Legitimate Purposes’ above, and as set out in Section 20 – ‘Personal Data Collected, Held, and Processed / Record of Processing Activities’, below.
7. Privacy by Design
7.1 The Company shall conduct its operations at all times with a Privacy by Design objective as set forth in ‘The General Data Protection Regulation (EU) 2016/679’, Article 25:
Privacy by Design (hereinafter, PbD) involves a focus geared towards risk management and accountability to establish strategies that incorporate privacy protection throughout the life cycle of an object (whether it is a system, a hardware or software product, a service or a process). By an object’s life cycle, we take to mean all the stages that it goes through, from its concept development until its removal, passing through the stages of development, production, operation, maintenance and withdrawal. Furthermore, it involves taking into account not only the application of measures for privacy protection in the early stages of the project, but also to consider all the business processes and practices that process associated data, thus achieving a true governance of personal data management.
In order to fulfill this objective seven core principles as established by developed by Anne Cavoukian, Ontario’s Data Protection Commissioner must be met at all times:
7.1.1 Privacy must be proactive not reactive; Preventative not remedial
PbD involves anticipating events that affect privacy before they take place. Any system, process or infrastructure that uses personal data must be conceived and designed from the beginning by identifying possible risks to the rights and freedoms of the data subjects and minimising them before they can cause actual damage. PbD policy is characterised by the adoption of proactive measures that anticipate threats, identify weaknesses in systems to neutralise or minimise risks instead of applying remedial measures to resolve security incidents once they have taken place. That is to say, PbD avoids “the policy of rectification” and anticipates the materialisation of risk. This involves:
● A clear commitment by The Company which must be promoted from the highest levels of the Administration.
● Developing a culture of commitment and continued improvement by all workers, as a policy means nothing until and unless it is translated into concrete actions that are fuelled by results.
● Defining and assigning concrete responsibilities so that each member of The Company is clearly aware of their tasks with regard to privacy.
● Developing systematic methods based on indicators for the early detection of processes and practices that are deficient in guaranteeing privacy.
7.1.2 Privacy must be the default setting
PbD seeks to provide the user with the highest levels of privacy possible given the state of the art, and especially, that personal data are automatically protected in any system, application, product or service. The default setting must be established by design to be set to the level that provides the maximum possible privacy. If the subject does not modify the setting, their privacy is guaranteed and must remain intact, as it is integrated into the system and constitutes the default setting.
This principle, in practical terms, is based on data minimisation throughout the stages of processing: compilation, use, retention and distribution. For this it is necessary to:
● Make data collection criteria as restricted as possible.
● Limit the use of personal data to the goals for which they were collected and ensure that there is a legitimate basis for processing.
● Restrict access to personal data to the parties involved in the processing in accordance with the “need to know” principle and according to the function behind the creation of differentiated access profiles.
● Define strict time limits for retention and to establish operational mechanisms that guarantee compliance.
● To create technological and procedural barriers to the unauthorised linking of independent sources of data.
7.1.3 Privacy must be embedded into the design
Privacy must be an integral and inseparable part of the systems, applications, products and services, as well as the business practices and processes of an organisation. It is not an additional layer or module that is added to a pre-existing entity, rather it must be integrated into the group of non-functional requirements from the stages of concept development and design themselves. To guarantee that privacy is accounted for in the early design stages, we must:
● Consider it as an essential requirement within the life cycle of systems and services, as well as in the design of organisational processes.
● Perform a risk analysis of the rights and freedoms of persons and when applicable, perform data protection impact assessments, as an integral part of any new processing initiative.
● Document all decisions that are adopted within The Company from a “privacy design thinking” perspective.
7.1.4 Privacy integrations must offer full functionality
It has traditionally been understood as privacy gained at the cost of other functionalities, thus presenting dichotomies such as privacy vs. usability, privacy vs. functionality, privacy vs. business benefit, and even privacy vs. security. This is a contrived approach and the goal must be to seek an optimal balance for a “win-win” search, with an open mind that accepts new solutions for fully functional, effective and efficient solutions both at business and privacy levels. For this, from the first stages of concept development of products and services, an organisation must:
● Assume that different and legitimate interests may coexist: those of The Company and those of the users to whom it provides services, and that it is necessary to identify, assess and balance them accordingly.
● Establish channels of communication for collaboration and consultation for the participants in order to comprehend and bring together multiple interests that, at first glance, may seem to diverge.
● If the proposed solutions threaten privacy, seek new solutions and alternatives to achieve the intended functionality and purposes, but never losing sight of the fact that risks to the user’s privacy must be adequately managed.
7.1.5 Systems must offer end-to-end security, and full lifecycle protection:
Privacy is born in design, before the system is set in motion, and it must be guaranteed throughout the life cycle of the data. Information security involves the confidentiality, integrity, availability and resilience of the systems that store it. Privacy also guarantees unlink ability, transparency and the data subject’s capacity for intervention and control in the processing (intervenability). To integrate privacy throughout the stages of data processing, the different operations involved (collection, recording, classification, conservation, consultation, distribution, limitation, erasure, etc.) must be thoroughly analysed and in each case, the most adequate measures for information protection must be implemented, among which are:
● Early pseudonymisation or anonymisation techniques.
● Classification and organisation of data and processing operations based on access profiles.
● Default encryption so that the “natural” state of data when stolen or robbed is “illegible”.
● The safe and guaranteed destruction of the information at the end of its life cycle.
7.1.6 Privacy standards must offer visibility and transparency
One of the keys to guaranteeing privacy is to be able to demonstrate it, verifying that the processing is in accordance with the given information. Transparency in data processing is essential for demonstrating diligence and accountability before the Supervisory Authority and as a measure of trust before data subjects. As established in Article 39 of the GDPR, it should be transparent to natural persons that personal data concerning them are collected, used, consulted or otherwise processed and to what extent the personal data are or will be processed. Promoting transparency and visibility requires the adoption of a series of measures such as:
● Making the privacy and data protection policies that govern the functioning of The Company public
● Developing and publishing concise, clear and comprehensible information clauses that are easily accessible and allow data subjects to understand the scope of the processing of their data, the risks that they may be exposed to, as well as how to exercise their rights regarding data protection.
● Although it is not compulsory for all controllers, making public or at least easily accessible for data subjects, the list of all the processing carried out in The Company.
● Sharing the identity and contact details of The Company’s data controller
● Establishing accessible, simple and effective mechanisms of communication, compensation and complaints for the owners of the data.
7.1.7 Systems must prioritize user privacy
Without forgetting the legitimate interests of The Company with regard to the data processing it performs, the ultimate goal must be to guarantee the rights and freedoms of the users whose data is processed, and therefore, any adopted measure must focus towards guaranteeing their privacy. This involves designing “user-centric” processes, applications, products and services, anticipating their needs. The user must play an active role in managing their data and in controlling what others do with it. Their inaction must not imply reduced privacy, referring back to one of the aforementioned principles which advocates a default privacy setting that offers the highest level of protection. Designing processes, applications, products and services that are focused on guaranteeing the privacy of data subjects involves:
● Implementing privacy settings that are “robust” by default and where users are informed of the consequences to their privacy when established parameters are modified.
● Making available complete and suitable information that leads to an informed, free, specific and unambiguous consent that must be explicit in all cases that require it.
● Providing data subjects access to their data and to detailed information on the processing goals and communications carried out.
● Implementing efficient and effective mechanisms that allow data subjects to exercise their rights on data protection.
8. Accuracy of Data and Keeping Data Up-to-Date
8.1 The Company shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in ‘Rectification of Personal Data’, below.
8.2 The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
9. Data Retention
9.1 The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
9.2 When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
9.3 For full details of the Company’s approach to data retention, including retention periods for specific personal data types held by the Company, please refer to our Data Retention Policy.
10. Secure Processing
The Company shall ensure that all Personal Data Collected, Held, and Processed / Record of Processing Activities is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 20 to 25 of this Policy.
11. Accountability and Record-Keeping
11.1 The Company’s Data Protection matters are dealt with by the Operations Director.
11.2 The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
11.2.1 The name and details of the Company, its Data Protection Officer, and any applicable third-party data processors;
11.2.2 The purposes for which the Company collects, holds, and processes personal data;
11.2.3 Details of the categories of Personal Data Collected, Held, and Processed / Record of Processing Activities by the Company, and the categories of data subject to which that personal data relates;
11.2.4 Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;
11.2.5 Details of how long personal data will be retained by the Company (please refer to the Company’s Data Retention Policy); and
11.2.6 Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.
12. Data Protection Impact Assessments
12.1 The Company shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and the processing involved is likely to result in a high risk to the rights and freedoms of data subjects under the GDPR.
12.2 Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following;
12.2.1 The type(s) of personal data that will be collected, held, and processed
12.2.2 The purpose(s) for which personal data is to be used
12.2.3 The Company’s objectives
12.2.4 How personal data is to be used
12.2.5 The parties (internal and/or external) who are to be consulted
12.2.6 The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed
12.2.7 Risks posed to data subjects
12.2.8 Risks posed both within and to the Company; and
12.2.9 Proposed measures to minimise and handle identified risks
13. Keeping Data Subjects Informed
13.1 The Company shall provide the information set out in Part 14.2 to every data subject:
13.1.1 Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and
13.1.2 Where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose:
a) if the personal data is used to communicate with the data subject, when the first communication is made; or
b) if the personal data is to be transferred to another party, before that transfer is made; or
c) as soon as reasonably possible and in any event not more than one month after the personal data is obtained.
13.2 The following information shall be provided;
13.2.1 Details of the Company including, but not limited to, the identity of its Data Protection Officer
13.2.2 The purpose(s) for which the personal data is being collected and will be processed (as detailed in this Policy) and the legal basis justifying that collection and processing
13.2.3 Where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data
13.2.4 Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed
13.2.5 Where the personal data is to be transferred to one or more third parties, details of those parties
13.2.6 Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place
13.2.7 Details of data retention
13.2.8 Details of the data subject’s rights under the GDPR
13.2.9 Details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time
13.2.10 Details of the data subject’s right to complain to the Information Commissioner’s Office (the “supervisory authority” under the GDPR)
13.2.11 Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it
14. Data Subject Access
14.1 Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Company holds about them, what it is doing with that personal data, and why.
14.2 Data Subjects wishing to make a SAR should do using a Subject Access Request Form, sending the form to the Company’s Operations Director via email: info@Sremium.com or by post: Sremium Limited, 60 Amiens St, Dublin 1, D01 E086, Ireland.
14.3 Responses to SARs shall normally be made within one month of receipt, however this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.
14.4 All SARs received shall be handled by the Company’s Operations Director.
14.5 The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
15. Rectification of Personal Data
15.1 Data subjects have the right to require the Company to rectify any of their personal data that is inaccurate or incomplete.
15.2 The Company shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Company of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
15.3 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.
16. Erasure of Personal Data
16.1 Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances;
16.1.1 It is no longer necessary for the Company to hold that personal data with respect to the purpose(s) for which it was originally collected or processed
16.1.2 The data subject wishes to withdraw their consent to the Company holding and processing their personal data
16.1.3 The data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so)
16.1.4 The personal data has been processed unlawfully
16.1.5 The personal data needs to be erased in order for the Company to comply with a particular legal obligation
16.2 Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
16.3 In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
17. Data Portability
17.1 The Company will undertake the management of data in a structured manner in line with the guidelines of data portability is set out in Article 20 of the GDPR:
The data subject shall have the right to receive the personal data concerning him or her… in a structured or commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance, where:
A. The processing is based on [data subject consent for the processing of personal data], or [the data subject’s explicit consent to processing sensitive personal data] or [processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract]; and,
B. The processing is carried out by automated means.
18. Restriction of Personal Data Processing
18.1 Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.
18.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
19. Objections to Personal Data Processing
19.1 Data subjects have the right to object to the Company processing their personal data based on legitimate interests, direct marketing (including profiling), [and processing for scientific and/or historical research and statistics purposes].
19.2 Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing immediately, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.
19.3 Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing immediately.
20. Personal Data Collected, Held, and Processed / Record of Processing Activities
Record of Processing Activities heretofore referred to as ‘ROPA’ is the record of data processing activities required to be maintained by data controllers and data processors pursuant to Article 30 of the GDPR.
The record is a document with inventory and analysis purposes, which must reflect the reality of personal data processing and allow the company to precisely identify, among others:
● The parties involved (controller, processors, representative, joint controller, etc.) in the data processing
● The different categories of data processed
● The purpose of the processing (what the business does with the collected personal data), who has access and who are the recipients of the personal data
● For how long the business is retaining the personal data
● The technical and organizational security measures implemented
Aside from being an obligation settled up by article 30 of the GDPR, the record is an intern control tool and, as mentioned above, a way to demonstrate the compliance with GDPR.
The Company keeps two types of records:
● The controller’s record – one for the personal data processing which we are responsible for
● The record of the processor – another one for the processing we perform, as processor, in place of our customers
The Company must be able to demonstrate the following with regards to all personal data:
● What personal data is processed
● Why it is processed
● How it was obtained
● The legal (lawful) basis for processing
● Where/ how it is stored (including electronic and paper-based formats)
● Security measures in place to protect the data
● Who can access the data
● How long the data is retained for
The following are examples of the typical personal data types we capture in relation to the usage of our services which are held, and processed by the Company (for details of data retention, please refer to the Company’s Data Retention Policy):
● Postal Address
● Email address
● Date of birth
● Gender (optional)
● Telephone Number
● Voice Recording
● File notes
Full breakdown of all data types for all Data subjects, their intended use as captured, retention periods, source as well as roles and responsibilities is maintained internally in a Records of Processing Activates document and is actively reviewed and maintained.
21. Data Security – Transferring Personal Data and Communications
The Company shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:
21.1 All emails containing personal data must be marked “confidential”;
21.2 Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
21.3 Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
21.4 Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted;
21.5 Where personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine (or other facsimile compatible printing device) to receive the data;
21.6 Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient; and
21.7 All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”.
22. Data Security – Storage
The Company shall ensure that the following measures are taken with respect to the storage of personal data:
22.1 All electronic copies of personal data should be stored securely using passwords
22.2 All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar
22.3 All personal data stored electronically should be backed up daily with backups stored onsite and offsite. All backups should be encrypted
22.4 No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to the Company or otherwise and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary; and
22.5 No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the GDPR (which may include demonstrating to the Company that all suitable technical and organisational measures have been taken)
23. Data Security – Disposal
When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. For further information on the deletion and disposal of personal data, please refer to the Company’s Data Retention Policy.
24. Data Security – Use of Personal Data
The Company shall ensure that the following measures are taken with respect to the use of personal data;
24.1 No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Company requires access to any personal data that they do not already have access to, such access should be formally requested from the Operations Director
24.2 No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without the authorisation of the Operations Director
24.3 Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time
24.4 If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it; and
24.5 Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of the Operations Director to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS
25. Data Security – IT Security
The Company shall ensure that the following measures are taken with respect to IT and information security;
25.1 All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols. All software used by the Company is designed to require such passwords
25.2 Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Company, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords other than their own passwords used for accessing their personal information or critical IT infrastructure. Where possible IT staff use cryptographic keys to access devices securely.
25.3 All software (including, but not limited to, applications and operating systems) shall be kept up-to-date. The Company’s IT staff shall be responsible for installing any and all security-related updates as soon as reasonably and practically possible, unless there are valid technical reasons not to do so; and
25.4 No software may be installed on any Company-owned computer or device without the prior approval of the Operations Director
26. Organisational Measures
The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
26.1 All employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the GDPR and under this Policy, and shall be provided with a copy of this Policy
26.2 Only employees, agents, sub-contractors, or other parties working on behalf of the Company that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Company
26.3 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so
26.4 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised
26.5 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise
26.6 Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed
26.7 All personal data held by the Company shall be reviewed periodically, as set out in the Company’s Data Retention Policy
26.8 The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed
26.9 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of the GDPR and this Policy by contract
26.10 All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and the GDPR; and
26.11 Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure
27. Transferring Personal Data to a Country Outside the EEA
27.1 The Company may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.
27.2 The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies;
27.2.1 The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data
27.2.2 The transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the GDPR); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority
27.2.3 The transfer is made with the informed consent of the relevant data subject(s)
27.2.4 The transfer is necessary for the performance of a contract between the data subject and the Company (or for pre-contractual steps taken at the request of the data subject)
27.2.5 The transfer is necessary for important public interest reasons
27.2.6 The transfer is necessary for the conduct of legal claims
27.2.7 The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent; or
27.2.8 The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register
28. Data Breach Notification
28.1 All personal data breaches must be reported immediately to the Company’s Operations Director
28.2 If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Operations Director must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it
28.3 In the event that a personal data breach is likely to result in a high risk (that is, a higher risk) to the rights and freedoms of data subjects, the Operations Director must ensure that all affected data subjects are informed of the breach directly and without undue delay
28.4 Data breach notifications shall include the following information;
28.4.1 The categories and approximate number of data subjects concerned
28.4.2 The categories and approximate number of personal data records concerned
28.4.3 The name and contact details of the Company’s Operations Director (or other contact point where more information can be obtained)
28.4.4 The likely consequences of the breach
28.4.5 Details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects
29. Cookies Policy
29.1 What are cookies?
Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.
Cookies can be “persistent” or “session” cookies.
When you use and access the Service, we may place a number of cookies files in your web browser.
We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:
We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.
29.3 What are your choices regarding cookies?
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
29.4 Where can you find more information about cookies?
You can learn more about cookies and the following third-party websites:
Network Advertising Initiative: http://www.networkadvertising.org/
30. Implementation of Policy
This Policy shall be deemed effective as of 21/05/2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.