;
We are committed to protecting your personal data and take your privacy seriously. For more information about how we handle it, please see our Data Protection Policy.
Data Protection Policy
1
This
policy applies to Company Personnel (defined below) and
(to the extent applicable) to
any third party which is Processing Personal Data (defined
below).
1.
Interpretation
1.1
Definitions:
2
Automated
Decision-Making (ADM)
: when a decision is made
which is based solely on Automated Processing (including profiling) which
produces legal effects or significantly affects an individual. The GDPR
prohibits Automated Decision-Making (unless certain conditions are met) but not
Automated Processing.
3
Automated
Processing
: any form of automated processing of
Personal Data consisting of the use of Personal Data to evaluate certain
personal aspects relating to an individual, in particular to analyse or predict
aspects concerning that individual's performance at work, economic situation,
health, personal preferences, interests, reliability, behaviour, location or
movements. Profiling is an example of Automated Processing.
4
Company name : THG Fluently Ltd
5
Company
Personnel
: all employees, workers, contractors,
agency workers, consultants, directors, members and others.
6
Consent
: agreement which must be freely given, specific, informed and be an
unambiguous indication of the Data Subject's wishes by which they, by a
statement or by a clear positive action, signifies agreement to the Processing
of Personal Data relating to them.
7
Controller
: the person or organisation that determines when, why and how to
process Personal Data. It is responsible for establishing practices and
policies in line with the GDPR. We are the Controller of all Personal Data
relating to our Company Personnel and Personal Data used in our business for
our own commercial purposes.
8
Criminal
Convictions Data
: means personal data relating
to criminal convictions and offences.
9
Data
Subject
: a living, identified or identifiable
individual about whom we hold Personal Data. Data Subjects may be nationals or
residents of any country and may have legal rights regarding their Personal
Data.
10
Data
Privacy Impact Assessment (DPIA)
: tools and
assessments used to identify and reduce risks of a data processing activity.
DPIA can be carried out as part of Privacy by Design and should be conducted
for all major system or business change programs involving the Processing of
Personal Data.
11
Data
Protection Officer (DPO)
: the person required to
be appointed in specific circumstances under the GDPR. Where a mandatory DPO
has not been appointed, this term means a data protection manager or other
voluntary appointment of a DPO or refers to the Company data privacy team with
responsibility for data protection compliance.
12
EEA : the 28 countries in the EU, and Iceland, Liechtenstein and Norway.
13
Explicit
Consent
: consent which requires a very clear and
specific statement (that is, not just action).
14
General
Data Protection Regulation (GDPR)
: the General
Data Protection Regulation ((EU) 2016/679 ). Personal Data is subject to
the legal safeguards specified in the GDPR.
15
Personal
Data
: any information identifying a Data Subject
or information relating to a Data Subject that we can identify (directly or
indirectly) from that data alone or in combination with other identifiers we
possess or can reasonably access. Personal Data includes Special Categories of
Personal Data and Pseudonymised Personal Data but excludes anonymous data or
data that has had the identity of an individual permanently removed. Personal
data can be factual (for example, a name, email
address,
location or date of birth) or an opinion about that person's actions or
behaviour. Personal Data specifically includes, but is not limited to:
(a)
Personal contact details such
as name, nicknames, address and contact details, date of birth and gender;
(b)
Copies of passports (including details
of citizenship), identity cards, visas, birth certificates, Disclosure and
Barring certificates, CVs or driving licences;
(c)
Audio and videos recordings and
photos;
(d)
Educational and certification
records;
(e)
Internal account or
identification numbers;
(f)
Banking or financial
information;
(g)
Digital signatures and
certificates;
(h)
Physical descriptions or
characteristics;
(i)
Physiological information
regarding medical records or diagnoses;
(j)
Cultural Identity;
(k)
Social Identity;
(l)
Details of criminal convictions
and offences;
(m)
Special categories of data,
such as data revealing racial or ethnic origin, political opinions, religious
or philosophical beliefs, trade union membership or health data.
16
Personal
Data Breach
: any act or omission that
compromises the security, confidentiality, integrity or availability of
Personal Data or the physical, technical, administrative or organisational
safeguards that we or our third-party service providers put in place to protect
it. The loss, or unauthorised access, disclosure or acquisition, of Personal
Data is a Personal Data Breach.
17
Privacy by
Design
: implementing appropriate technical and
organisational measures in an effective manner to ensure compliance with the
GDPR.
18
Privacy
Guidelines
: any guidelines provided by the
Company to assist in interpreting and implementing this Data Protection Policy.
19
Privacy
Notices (also referred to as Fair Processing Notices) or Privacy Policies
: separate notices setting out information that may be provided to
Data Subjects when the Company collects information about them. These notices
may take the form of general privacy statements applicable to a specific group
of individuals (for example, employee privacy notices or the website privacy
policy) or they may be stand-alone, one-time privacy statements covering
Processing related to a specific purpose.
20
Processing
or Process
: any activity that involves the use
of Personal Data. It includes obtaining, recording or holding the data, or
carrying out any operation or set of operations on the data including
organising, amending, retrieving, using, disclosing, erasing or destroying it.
Processing also includes transmitting or transferring Personal Data to third
parties.
21
Pseudonymisation
or Pseudonymised
: replacing information that
directly or indirectly identifies an individual with one or more artificial
identifiers or pseudonyms so that the person, to whom the data relates, cannot
be identified without the use of additional information which is meant to be
kept separately and secure.
22
Related
Policies
: the Company's policies, operating
procedures or processes related to this Data Protection Policy and designed to
protect Personal Data (including but not limited to, for example, retention or
security related policies.)
Special Categories of Personal Data
:
information revealing racial or ethnic origin,
political opinions, religious or similar beliefs, trade union membership,
physical or mental health conditions, sexual life, sexual orientation,
biometric or genetic data.
2.
Introduction
This Data
Protection Policy sets out how THG Fluently Ltd ("we",
"our", "us", "the Company") handle the Personal
Data of our customers, suppliers, employees, workers and other third parties.
This Data
Protection Policy applies to all Personal Data we Process regardless of the
media on which that data is stored or whether it relates to past or present
employees, workers, customers, clients or supplier contacts, shareholders,
website users or any other Data Subject.
This Data
Protection Policy applies to all Company Personnel ("you",
"your"). You must read, understand and comply with this Data
Protection Policy when Processing Personal Data on our behalf and attend
training on its requirements. This Data Protection Policy sets out what we
expect from you in order for the Company to comply with applicable law. Your
compliance with this Data Protection Policy is mandatory. Related Policies and
Privacy Guidelines are available to help you interpret and act in accordance
with this Data Protection Policy.
You must also comply with all such Related Policies and Privacy
Guidelines. Any breach of this Data Protection Policy may result in
disciplinary action.
Where you
have a specific responsibility in connection with Processing such as capturing
Consent, reporting a Personal Data Breach, conducting a DPIA as referenced in
this Data Protection Policy or otherwise then you must comply with the Related
Policies and Privacy Guidelines.
This Data
Protection Policy (together with Related Policies and Privacy Guidelines) is an
internal document and cannot be shared with third parties, clients or
regulators without prior authorisation from the DPO.
3.
Scope
We recognise
that the correct and lawful treatment of Personal Data will maintain confidence
in the organisation and will provide for successful business operations.
Protecting the confidentiality and integrity of Personal Data is a critical
responsibility that we take seriously at all times. The Company is exposed to
potential fines of up to EUR20 million (approximately £18 million) or 4% of
total worldwide annual turnover, whichever is higher and depending on the
breach, for failure to comply with the provisions of the GDPR.
Our Managing Director,
individual business areas, departments, supervisors, managers and project
managers are responsible for ensuring all Company Personnel comply with this Data
Protection Policy and need to implement appropriate practices, processes,
controls and training to ensure such compliance.
The DPO is
responsible for overseeing this Data Protection Policy and, as applicable,
developing Related Policies and Privacy Guidelines. That post is held by Cecil
Looney, who is contactable at
gdpr@languageconnect.net.
Please
contact the DPO with any questions about the operation of this Data Protection
Policy or the GDPR or if you have any concerns that this Data Protection Policy
is not being or has not been followed. In particular, you must always contact
the DPO in the following circumstances:
(a)
if you are unsure of the lawful
basis which you are relying on to process Personal Data (including the
legitimate interests used by the Company) (see paragraph 5.1 below);
(b)
if you need to rely on Consent
and/or need to capture Explicit Consent (see 5.2 below);
(c)
if you need to draft Privacy
Notices (see 5.3 below);
(d)
if you are unsure about the
retention period for the Personal Data being Processed (see 9 below);
(e)
if you are unsure about what
security or other measures you need to implement to protect Personal Data (see 10.1
below);
(f)
if there has been a Personal
Data Breach (10.2 below);
(g)
if you are unsure on what basis
to transfer Personal Data outside the EEA (see 11 below);
(h)
if you need any assistance
dealing with any rights invoked by a Data Subject (see 12);
(i)
whenever you are engaging in a
significant new, or change in, Processing activity which is likely to require a
DPIA (see 13.4 below) or plan to use Personal Data for purposes others than
what it was collected for;
(j)
If you plan to undertake any
activities involving Automated Processing including profiling or Automated
Decision-Making (see 13.5 below);
(k)
If you need help complying with
applicable law when carrying out direct marketing activities (see 13.6 below);
or
(l)
if you need help with any
contracts or other areas in relation to sharing Personal Data with third
parties (including our vendors) (see 13.7 below).
4.
Personal data protection
principles
We adhere to
the principles relating to Processing of Personal Data set out in the GDPR
which require Personal Data to be:
(a)
Processed lawfully, fairly and
in a transparent manner (Lawfulness, Fairness and Transparency).
(b)
Collected only for specified,
explicit and legitimate purposes (Purpose Limitation).
(c)
Adequate, relevant and limited
to what is necessary in relation to the purposes for which it is Processed
(Data Minimisation).
(d)
Accurate and where necessary
kept up to date (Accuracy).
(e)
Not kept in a form which
permits identification of Data Subjects for longer than is necessary for the
purposes for which the data is Processed (Storage Limitation).
(f)
Processed in a manner that
ensures its security using appropriate technical and organisational measures to
protect against unauthorised or unlawful Processing and against accidental
loss, destruction or damage (Security, Integrity and Confidentiality).
(g)
Not transferred to another
country without appropriate safeguards being in place (Transfer Limitation).
(h)
Made available to Data Subjects
and Data Subjects allowed to exercise certain rights in relation to their
Personal Data (Data Subject's Rights and Requests).
We are
responsible for and must be able to demonstrate compliance with the data
protection principles listed above (Accountability).
5.
Lawfulness, fairness,
transparency
5.1
Lawfulness and fairness
Personal data
must be Processed lawfully, fairly and in a transparent manner in relation to
the Data Subject.
You may only
collect, Process and share Personal Data fairly and lawfully and for specified
purposes. The GDPR restricts our actions regarding Personal Data to specified
lawful purposes. These restrictions are not intended to prevent Processing but to
ensure that we Process Personal Data fairly and without adversely affecting the
Data Subject.
The GDPR
allows Processing for specific purposes, some of which are set out below:
(a)
the Data Subject has given his
or her Consent;
(b)
the Processing is necessary for
the performance of a contract with the Data Subject;
(c)
to meet our legal compliance
obligations;
(d)
to protect the Data Subject's
vital interests;
(e)
to pursue our legitimate interests
for purposes where they are not overridden because the Processing prejudices
the interests or fundamental rights and freedoms of Data Subjects. The purposes
for which we process Personal Data for legitimate interests need to be set out
in applicable Privacy Notices; or
You must
identify and document the legal ground being relied on for each Processing
activity
.
5.2
Consent
A Controller
must only process Personal Data on the basis of one or more of the lawful bases
set out in the GDPR, which include Consent.
A Data
Subject consents to Processing of their Personal Data if they indicate
agreement clearly either by a statement or positive action to the Processing.
Consent requires affirmative action so silence, pre-ticked boxes or inactivity
are unlikely to be sufficient. If Consent is given in a document which deals
with other matters, then the Consent must be kept separate from those other
matters.
Data Subjects
must be easily able to withdraw Consent to Processing at any time and
withdrawal must be promptly honoured. Consent may need to be refreshed if you
intend to Process Personal Data for a different and incompatible purpose which
was not disclosed when the Data Subject first consented.
Unless we can
rely on another legal basis of Processing, Explicit Consent is usually required
for Processing Special Categories of Personal Data and Criminal Convictions
Data, for Automated Decision-Making and for cross border data transfers.
Usually we will be relying on another legal basis (and not require Explicit Consent)
to Process most types of Special Categories of Personal Data and Criminal
Convictions Data. Where Explicit Consent is required, you must issue a Privacy
Notice to the Data Subject to capture Explicit Consent.
You will need
to evidence Consent captured and keep records of all Consents in accordance
with Related Policies and Privacy Guidelines so that the Company can
demonstrate compliance with Consent requirements.
5.3
Transparency (notifying data
subjects)
The GDPR
requires Data Controllers to provide detailed, specific information to Data
Subjects depending on whether the information was collected directly from Data
Subjects or from elsewhere. Such information must be provided through
appropriate Privacy Notices which must be concise, transparent, intelligible,
easily accessible, and in clear and plain language so that a Data Subject can
easily understand them.
Whenever we
collect Personal Data directly from Data Subjects, including for human
resources or employment purposes, we must provide the Data Subject with all the
information required by the GDPR including the identity of the Controller and
DPO, how and why we will use, Process, disclose, protect and retain that
Personal Data through a Privacy Notice which must be presented when the Data
Subject first provides the Personal Data.
When Personal
Data is collected indirectly (for example, from a third party or publicly
available source), you must provide the Data Subject with all the information
required by the GDPR as soon as possible after collecting/receiving the data.
You must also check that the Personal Data was collected by the third party in
accordance with the GDPR and on a basis which contemplates our proposed
Processing of that Personal Data.
You must
comply with any applicable Company's guidelines on drafting Privacy Notices.
6.
Purpose limitation
Personal Data
must be collected only for specified, explicit and legitimate purposes. It must
not be further Processed in any manner incompatible with those purposes.
You cannot
use Personal Data for new, different or incompatible purposes from that
disclosed when it was first obtained unless you have informed the Data Subject
of the new purposes and they have Consented where necessary.
7.
Data minimisation
Personal Data
must be adequate, relevant and limited to what is necessary in relation to the
purposes for which it is Processed.
You may only
Process Personal Data when performing your job duties requires it. You cannot
Process Personal Data for any reason unrelated to your job duties.
You may only collect
Personal Data that you require for your job duties: do not collect excessive
data. Ensure any Personal Data collected is adequate and relevant for the
intended purposes.
You must
ensure that when Personal Data is no longer needed for specified purposes, it
is deleted or anonymised in accordance with the Company's data retention
guidelines.
8.
Accuracy
Personal Data
must be accurate and, where necessary, kept up to date. It must be corrected or
deleted without delay when inaccurate.
You will
ensure that the Personal Data we use and hold is accurate, complete, kept up to
date and relevant to the purpose for which we collected it. You must check the
accuracy of any Personal Data at the point of collection and at regular
intervals afterwards. You must take all reasonable steps to destroy or amend
inaccurate or out-of-date Personal Data.
9.
Storage limitation
Personal Data
must not be kept in an identifiable form for longer than is necessary for the
purposes for which the data is processed.
You must not
keep Personal Data in a form which permits the identification of the Data
Subject for longer than needed for the legitimate business purpose or purposes
for which we originally collected it including for the purpose of satisfying
any legal, accounting or reporting requirements.
The Company
will maintain retention policies and procedures to ensure Personal Data is
deleted after a reasonable time for the purposes for which it was being held,
unless a law requires such data to be kept for a minimum time. You must comply
with the Company's rules/guidelines on Data Retention.
You will take
all reasonable steps to destroy or erase from our systems all Personal Data
that we no longer require in accordance with all the Company's applicable
records retention schedules and policies. This includes requiring third parties
to delete such data where applicable.
You will
ensure Data Subjects are informed of the period for which data is stored and
how that period is determined in any applicable Privacy Notice.
10.
Security integrity and
confidentiality
10.1
Protecting Personal Data
Personal Data
must be secured by appropriate technical and organisational measures against
unauthorised or unlawful Processing, and against accidental loss, destruction
or damage.
We will
develop, implement and maintain safeguards appropriate to our size, scope and
business, our available resources, the amount of Personal Data that we own or
maintain on behalf of others and identified risks (including use of encryption
and Pseudonymisation where applicable). We will regularly evaluate and test the
effectiveness of those safeguards to ensure security of our Processing of
Personal Data. You are responsible for protecting the Personal Data we hold.
You must implement reasonable and appropriate security measures against
unlawful or unauthorised Processing of Personal Data and against the accidental
loss of, or damage to, Personal Data. You must exercise particular care in
protecting Special Categories of Personal Criminal Convictions Data from loss
and unauthorised access, use or disclosure.
You must
follow all procedures and technologies we put in place to maintain the security
of all Personal Data from the point of collection to the point of destruction.
You may only transfer Personal Data to third-party service providers who agree
to comply with the required policies and procedures and who agree to put
adequate measures in place, as requested.
You must
maintain data security by protecting the confidentiality, integrity and
availability of the Personal Data, defined as follows:
(a)
Confidentiality means that only
people who have a need to know and are authorised to use the Personal Data can
access it.
(b)
Integrity means that Personal
Data is accurate and suitable for the purpose for which it is processed.
(c)
Availability means that
authorised users are able to access the Personal Data when they need it for
authorised purposes.
You must
comply with and not attempt to circumvent the administrative, physical and
technical safeguards we implement and maintain in accordance with the GDPR and
relevant standards to protect Personal Data.
10.2
Reporting a Personal Data
Breach
The GDPR
requires Controllers to notify any Personal Data Breach to the applicable
regulator and, in certain instances, the Data Subject.
We have put
in place procedures to deal with any suspected Personal Data Breach and will
notify Data Subjects or any applicable regulator where we are legally required
to do so.
If you know
or suspect that a Personal Data Breach has occurred, do not attempt to
investigate the matter yourself. Immediately contact the person or team
designated as the key point of contact for Personal Data Breaches the DPO, and
your line manager. You should preserve all evidence relating to the potential
Personal Data Breach.
11.
Transfer limitation
The GDPR
restricts data transfers to countries outside the EEA in order to ensure that
the level of data protection afforded to individuals by the GDPR is not
undermined. You transfer Personal Data originating in one country across
borders when you transmit, send, view or access that data in or to a different
country.
You may only
transfer Personal Data outside the EEA if one of the following conditions
applies:
(a)
the European Commission has
issued a decision confirming that the country to which we transfer the Personal
Data ensures an adequate level of protection for the Data Subjects' rights and
freedoms;
(b)
appropriate safeguards are in
place such as binding corporate rules (BCR), standard contractual clauses
approved by the European Commission, an approved code of conduct or a
certification mechanism, a copy of which can be obtained from the DPO;
(c)
the Data Subject has provided
Explicit Consent to the proposed transfer after being informed of any potential
risks; or
(d)
the transfer is necessary for
one of the other reasons set out in the GDPR including the performance of a
contract between us and the Data Subject, reasons of public interest, to
establish, exercise or defend legal claims or to protect the vital interests of
the Data Subject where the Data Subject is physically or legally incapable of
giving Consent and, in some limited cases, for our legitimate interest.
You must
comply with the Company's guidelines on cross border data transfers.
12.
Data Subject's rights and
requests
Data Subjects
have rights when it comes to how we handle their Personal Data. These include
rights to:
(a)
withdraw Consent to Processing
at any time;
(b)
receive certain information
about the Data Controller's Processing activities;
(c)
request access to their
Personal Data that we hold;
(d)
prevent our use of their
Personal Data for direct marketing purposes;
(e)
ask us to erase Personal Data
if it is no longer necessary in relation to the purposes for which it was
collected or Processed or to rectify inaccurate data or to complete incomplete
data;
(f)
restrict Processing in specific
circumstances;
(g)
challenge Processing which has
been justified on the basis of our legitimate interests or in the public
interest;
(h)
request a copy of an agreement
under which Personal Data is transferred outside of the EEA;
(i)
object to decisions based
solely on Automated Processing, including profiling (ADM);
(j)
prevent Processing that is
likely to cause damage or distress to the Data Subject or anyone else;
(k)
be notified of a Personal Data
Breach which is likely to result in high risk to their rights and freedoms;
(l)
make a complaint to the
supervisory authority; and
(m)
in limited circumstances,
receive or ask for their Personal Data to be transferred to a third party in a
structured, commonly used and machine readable format.
You must
verify the identity of an individual requesting data under any of the rights
listed above (do not allow third parties to persuade you into disclosing
Personal Data without proper authorisation).
You must
immediately forward any Data Subject request you receive to your supervisor or
the DPO and comply with the company's Data Subject response process.
13.
Accountability
13.1
The Controller must implement
appropriate technical and organisational measures in an effective manner, to
ensure compliance with data protection principles. The Controller is
responsible for, and must be able to demonstrate, compliance with the data protection
principles.
The Company
must have adequate resources and controls in place to ensure and to document
GDPR compliance including:
(a)
appointing a suitably qualified
DPO (where necessary) and an executive accountable for data privacy;
(b)
implementing Privacy by Design
when Processing Personal Data and completing DPIAs where Processing presents a
high risk to rights and freedoms of Data Subjects;
(c)
integrating data protection
into internal documents including this Data Protection Policy, Related
Policies, Privacy Guidelines or Privacy Notices;
(d)
regularly training Company
Personnel on the GDPR, this Data Protection Policy, Related Policies and
Privacy Guidelines and data protection matters including, for example, Data
Subject's rights, Consent, legal basis, DPIA and Personal Data Breaches. The
Company must maintain a record of training attendance by Company Personnel; and
(e)
regularly testing the privacy
measures implemented and conducting periodic reviews and audits to assess
compliance, including using results of testing to demonstrate compliance
improvement effort.
13.2
Record keeping
The GDPR
requires us to keep full and accurate records of all our data Processing
activities.
You must keep
and maintain accurate corporate records reflecting our Processing including records
of Data Subjects' Consents and procedures for obtaining Consents in accordance
with the Company's record keeping guidelines.
These records
should include, at a minimum, the name and contact details of the Controller
and the DPO, clear descriptions of the Personal Data types, Data Subject types,
Processing activities, Processing purposes, third-party recipients of the
Personal Data, Personal Data storage locations, Personal Data transfers, the
Personal Data's retention period and a description of the security measures in
place. In order to create such records, data maps should be created which
should include the detail set out above together with appropriate data flows.
13.3
Training and audit
We are
required to ensure all Company Personnel have undergone adequate training to
enable them to comply with data privacy laws. We must also regularly test our
systems and processes to assess compliance.
You must
undergo all mandatory data privacy related training and ensure your team undergo
similar mandatory training in accordance with the Company's mandatory training
guidelines.
You must
regularly review all the systems and processes under your control to ensure
they comply with this Data Protection Policy and check that adequate governance
controls and resources are in place to ensure proper use and protection of
Personal Data.
13.4
Privacy By Design and Data
Protection Impact Assessment (DPIA)
We are
required to implement Privacy by Design measures when Processing Personal Data
by implementing appropriate technical and organisational measures (like
Pseudonymisation) in an effective manner, to ensure compliance with data
privacy principles.
You must
assess what Privacy by Design measures can be implemented on all
programs/systems/processes that Process Personal Data by taking into account
the following:
(a)
the state of the art;
(b)
the cost of implementation;
(c)
the nature, scope, context and
purposes of Processing; and
(d)
the risks of varying likelihood
and severity for rights and freedoms of Data Subjects posed by the Processing.
(e)
Data controllers must also
conduct DPIAs in respect to high risk Processing.
(f)
You should conduct a DPIA (and
discuss your findings with the DPO) when implementing major system or business
change programs involving the Processing of Personal Data including:
(g)
use of new technologies
(programs, systems or processes), or changing technologies (programs, systems
or processes);
(h)
Automated Processing including
profiling and ADM;
(i)
large scale Processing of
Special Categories of Personal Data or Criminal Convictions Data; and
(j)
large scale, systematic
monitoring of a publicly accessible area.
(k)
A DPIA must include:
(i)
a description of the
Processing, its purposes and the Data Controller's legitimate interests if
appropriate;
(ii)
an assessment of the necessity
and proportionality of the Processing in relation to its purpose;
(iii)
an assessment of the risk to
individuals; and
(iv)
the risk mitigation measures in
place and demonstration of compliance.
You must
comply with the Company's guidelines on DPIA and Privacy by Design.
13.5
Automated Processing (including
profiling) and Automated Decision-Making
Generally,
ADM is prohibited when a decision has a legal or similar significant effect on
an individual unless:
(a)
a Data Subject has Explicitly
Consented;
(b)
the Processing is authorised by
law; or
(c)
the Processing is necessary for
the performance of or entering into a contract.
If certain
types of Special Categories of Personal Data or Criminal Convictions Data are
being processed, then grounds (b) or (c) will not be allowed but such Special
Categories of Personal Data and Criminal Convictions Data can be Processed
where it is necessary (unless less intrusive means can be used) for substantial
public interest like fraud prevention.
If a decision
is to be based solely on Automated Processing (including profiling), then Data
Subjects must be informed when you first communicate with them of their right
to object. This right must be explicitly brought to their attention and
presented clearly and separately from other information. Further, suitable
measures must be put in place to safeguard the Data Subject's rights and
freedoms and legitimate interests.
We must also
inform the Data Subject of the logic involved in the decision making or
profiling, the significance and envisaged consequences and give the Data
Subject the right to request human intervention, express their point of view or
challenge the decision.
A DPIA must
be carried out before any Automated Processing (including profiling) or ADM
activities are undertaken.
Where you are
involved in any data Processing activity that involves profiling or ADM, you
must comply with the Company's guidelines on profiling or ADM.
13.6
Direct marketing
We are
subject to certain rules and privacy laws when marketing to our customers.
For example,
a Data Subject's prior consent is required for electronic direct marketing (for
example, by email, text or automated calls). The limited exception for existing
customers known as "soft opt in" allows organisations to send
marketing texts or emails if they have obtained contact details in the course
of a sale to that person, they are marketing similar products or services, and
they gave the person an opportunity to opt out of marketing when first
collecting the details and in every subsequent message.
The right to
object to direct marketing must be explicitly offered to the Data Subject in an
intelligible manner so that it is clearly distinguishable from other
information.
A Data
Subject's objection to direct marketing must be promptly honoured. If a
customer opts out at any time, their details should be suppressed as soon as
possible. Suppression involves retaining just enough information to ensure that
marketing preferences are respected in the future.
You must
comply with the Company’s guidelines on direct marketing to customers.
13.7
Sharing Personal Data
Generally, we
are not allowed to share Personal Data with third parties unless certain
safeguards and contractual arrangements have been put in place.
You may only
share the Personal Data we hold with another employee, agent or representative
of our group (which includes our parent company and subsidiaries) if the
recipient has a job-related need to know the information and the transfer complies
with any applicable cross-border transfer restrictions.
You may only
share the Personal Data we hold with third parties, such as our service
providers if:
(a)
they have a need to know the
information for the purposes of providing the contracted services;
(b)
sharing the Personal Data
complies with the Privacy Notice provided to the Data Subject and, if required,
the Data Subject's Consent has been obtained;
(c)
the third party has agreed to
comply with the required data security standards, policies and procedures and
put adequate security measures in place;
(d)
the transfer complies with any
applicable cross border transfer restrictions; and
(e)
a fully executed written
contract that contains GDPR approved third party clauses has been obtained.
You must
comply with the Company's guidelines on sharing data with third parties.
14.
Changes to this Data Protection
Policy
We reserve
the right to change this Data Protection Policy at any time
.
This Data
Protection Policy does not override any applicable national data privacy laws
and regulations in countries where the Company operates. Certain countries may
have localised variances to this Data Protection Policy which are available
upon request to the DPO.
Date of
publication: 24 May 2018
