Data Protection Policy

Table of Contents

Data Protection Officer - Tricia Bullman
Commencement – May 2018

Our Use(s) Of Personal Data and our Purpose(s)
Our Specific Data Protection Measures

Section A: Overview
Section B: Data Protection Principles
Section C: Data Subject Rights
Section D: Our Other Obligations

This Policy has been approved and authorised by:

Name: Tricia Bullman
Position: Managing Director
Date: May 2019
Due for Review by: May 2020

Commencement of this policy
This Policy shall be deemed effective as of May 2018 however it will not have effect retrospectively and will apply only to matters occurring after this date.

Our specific data protection measures
In relation to our use of personal data we take the following measures:

All software is accessed via RDP connectivity and has its proprietary level of encryption – the main ones used include MS Server 2012 R2 and iCloud standard levels of encryption

Erasure, destruction and/or deletion
Items deleted use standard MS deletion and backups are altered sequentially.

Transmission via email
Office 365 Encryption, end to end

Transmission of hard copies
No Fax server is present, so hard copies are transmitted via standard means

Transmission via networks
Not applicable

Storage of emails and email content
Emails stored via MS Office 365 secure cloud storage

Access of employees
Controlled by use of Constructed User Accounts and Password encryption – managed by Data Protection Officer

Access of third parties
Hale IT, using designated Account & Password managed by the Data Protection Officer

Storage of hardcopies
Stored in a safe and secure environment.  Removal of such hardcopies are securely destroyed by
third-party data shredding company

Storage of electronic copies
Cloud-based secure storage and RDS secure connection

File sharing is not permitted, except through proprietary database software using encryption and designated passwords

Halecroft utilises the use of “level two processors” for Payroll, Finance, Marketing, and Recruitment processing.  Clearly setting out the rights and obligations of a sub-processor and for the sub-processor to meet strong contractual requirements

Viewing on systems
System viewing is via RDP connection via designated account name and password, managed by the Data Protection Officer

Viewing on devices
Access is via RDP using account name and passwords – uses standard Windows Server Firewall and encryption level

Individual choice of passwords via designated User accounts – passwords regularly updated and maintained via Hale IT, at the discretion of the Data Protection Officer

Our use of personal data and our purpose
We may collect, hold, and/or process the following personal data:

To offer work-finding services

Business Contacts
To provide Recruitment Business/Agency and Pay-rolling services

To process Employment Contracts, contractual employment legislation, and Legal obligation

Potential Employees
To offer work-finding services.  Employment Contracts and Contractual Employment Legislation

Sensitive Data
To process Employment Contracts, contractual employment legislation, and Legal obligations.

Section A: Overview
1.                  The reason for this policy
1.1               You have legal rights with regard to the way your personal data is handled.
1.2               In the course of the business activities we collect, store, and process personal data about our customers, suppliers and
​other third parties and therefore, in order to comply with the law and to maintain confidence in our business, we acknowledge the importance of correct and lawful treatment of this data.
1.3               All people working in or with our business are obliged to comply with this policy when processing personal data.

2.                 Introduction
2.1               This policy and any other documents referred to in it set out the basis on which we will process any personal data we       
                    collect from data subjects, for example, customers and business contacts, or that are provided to us by data subjects or other sources.
2.2               In this policy when we say “you’ or “your” we are generally referring to the data subjects unless the context requires otherwise.
2.3               It also sets out our obligations in relation to data protection under the General Data Protection Regulation 2016 (“the GDPR Rules”).
2.4                This policy sets out rules on data protection and the legal conditions that must be satisfied when we obtain, handle, process, transfer, and store personal data.
2.5               We agree to ensure that all of our directors, employees, consultants and agents comply with this policy.
2.6               We aim to ensure the correct, lawful, and fair handling of your personal data and to respect your legal rights.

3.                  The meaning of key Data Protection terms
3.1               Data is information that is stored electronically, on a computer, or in certain paper-based filing systems.
3.2               Data subjects for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal information.
3.3               Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions, and behaviour.
3.4               Data controllers are the people or organisations which determine the purposes for which, and the manner in which, any personal data is processed. They are responsible for establishing practices and policies in line with the Act. We are the data controller of all personal data used in our business for our own commercial purposes.
3.5               Processing is 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 transferring personal data to third parties.

4.                  Summary of the Data Protection Principles
This Policy aims to ensure compliance with the GDPR Rules.  The GDPR Rules set out the following principles with which any party handling personal data must comply.  All personal data must be:
a)                   Processed fairly and lawfully – it must be processed fairly and lawfully and it must be processed - in relation to you as the data subject - in a transparent manner
b)                  Processed for limited purposes and in an appropriate way -  the purposes for which it is collected must be explicit, specified, and legitimate
c)                   Adequate, relevant, and not excessive for the purpose
d)                  Accurate – as well as being accurate it must be kept up to date with inaccurate data deleted
e)                  Not kept longer than necessary for the purpose
f)                    Processed in line with the data subject's rights
g)                   Secure – there must be appropriate technical or organisational measures to ensure appropriate security

In addition, personal data must not be transferred outside the European Economic Area (the “EEA”) without adequate protection.

Section B:  Data Protection Principles
5.                  Notifying Data Subjects
5.1               As part of complying with the principles in para 4 above, if you provide us with personal data we will always try to tell you:
5.1.1         the purpose or purposes for which we intend to process that personal data
5.1.2         the types of third parties, if any, with which we will share or to which we will disclose that personal data
5.1.3         how you can limit our use and disclosure of their personal data
5.1.4         if we receive personal data from other sources.

6.                  Lawful, Fair, and Transparent Data Processing
The GDPR Rules are not intended to prevent the processing of personal data but to ensure that it is done fairly and without adversely affecting your rights.  The processing of personal data is lawful if one (or more) of the following applies:
a)                   (consent) the data subject has consented for a specific purpose;
b)                  (contract) if the data subject requests the processing with a view to entering into a contract or the processing is necessary for the performance of a contract
c)                   (legal obligation) if the processing is necessary for the compliance with a legal obligation to which the data controller is subject
d)                  (protection) processing is necessary to protect your vital interests or those of another natural person
e)                  (public interest) it is in the public interest for a task to be carried out that requires such processing, or the task is to be carried out as a result of the exercise of any official authority held by the data controller;
f)                    (legitimate interests) for the legitimate interest of the data controller or the party to whom the personal data is disclosed.

7.                  Processed for limited purposes and in an appropriate way
7.1               In the course of our business, we may collect and process the personal data set out above. This may include personal data we receive directly from you (for example, by completing forms or by corresponding with us by mail, phone, email, or otherwise) and data we receive from other sources (including, for example, business partners, sub-contractors in technical, payment and delivery services, credit reference agencies and others).
7.2               We will only process personal data for the specific purposes set out above or for any other purposes specifically permitted by the GDPR Rules. We will notify those purposes you when we first collect the personal data or as soon as possible thereafter.

8.                  Adequate, Relevant, and Not Excessive for the Purpose
We will only collect and process personal data for the specific purpose(s) set out above.

9.                  Accuracy of Data and Keeping Data Up-To-Date
We will keep your personal data accurate and up-to-date.  We will check its accuracy regularly.   When we find inaccurate or out-of-date data we will take reasonable steps to amend or erase that data.

10.              Timely Processing
We will only keep your personal data for a period of time which we judge is relevant and necessary taking into account the purpose(s) of collecting the personal data which are specified above.

11.              Processing that is Secure
In addition to the measures above:

11.1           we will make sure that the personal data we collect is securely kept and we stop unauthorised processing and prevent its loss, destruction, or damage

11.2           we will ensure that only people who are authorised to use personal data can access it and that we have entry controls to our premises and systems, lockable desks and cupboards for confidential personal data, and destruction of hard copy documents and digital storage devices

11.3           all authorised persons must ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.

Section C: Data Subject Rights
12.              You, as a data subject, have the right to information about:
a)                   who we are
b)                  the purpose(s) of collecting your personal data and the legal basis for collecting it and what our legitimate interest is for processing your personal data
c)                   the categories of personal data collected and where is to be transferred, especially if outside the EEA
d)                  the length of time we hold personal data (or, where there is no predetermined period, details of how that length of time will be determined)
e)                  your rights as a data subject including your right to withdraw your consent to the processing, the right to complain to the Information Commissioner, and also things such as details of any legal requirement for processing personal data that may exist and any automated decision-making that we carry out.

We will try to provide this information when we collect the personal data or if we collect the personal data from another party when we communicate with you after the personal data is received.

13.              Data Subject Access
13.1           You may request access to any data held about you by us a subject access request (“SAR”)
13.2           We reserve the right to charge reasonable fees for onerous or repetitive requests.
13.3           Data subjects must make a formal request for information we hold about them. This must be made in writing.
13.4           When receiving telephone inquiries, we will only disclose personal data we hold on our systems if the following conditions are met:
a)                   we will check the caller's identity to make sure that information is only given to a person who is entitled to it.
b)                  we will suggest that the caller put their request in writing if we are not sure about the caller’s identity and where their identity cannot be checked.

14.              Accuracy of personal data: the right to rectification
14.1           We will do our best to ensure that all personal data held about you is accurate and complete. We ask that you notify us of any changes to information held about you.
14.2           You have the right to request that any incomplete or inaccurate information held about you is rectified and to lodge a complaint with us and the Information Commissioner's Office.
14.3           We will respond to requests to rectify within one month.

15.              Right to be forgotten
You have the right to request the deletion or removal of personal data however requests for erasure can be rejected in certain circumstances.

16.              Right to restriction of Processing
You can block the processing of your personal data. This means we may be able to store it but cannot process it further without consent. Restricting data is required where the accuracy of data is challenged - but only until the accuracy has been verified.

17.              Right to data portability
17.1           If you have provided personal data to us you have the right to transfer it from us to someone else.
17.2           If you request it, we may be required to transmit the data directly to another organisation if feasible. We must respond without undue delay and within one month, or two months if the request is complex.

18.              The right to object
You have a right to object to the processing of your data. We must stop processing unless we can demonstrate a legal ground for the processing.

19.              Automated decision-making
19.1           You have the right not to be subject to a decision based on automated processing and it produces a legal effect or other significant effects on you. 
19.2           You can request human intervention where personal data is processed using automated decision-making and can ask for an explanation of the decision to use automated decision-making. 

20.              Profiling
If we use your personal data for profiling purposes:
a)                   We will give you information fully explaining the profiling which will be carried out including its importance and the likely results of that profiling;
b)                  We will make sure that appropriate mathematical or statistical procedures will be used;
c)                   We will implement technical and organisational measures which are required to minimise the risk of mistakes and to enable such mistakes to be easily corrected, and
d)                  We will make sure that all personal data processed by us for profiling purposes will be kept secure so as to avoid discriminatory effects resulting from such profiling.

Section D: Our Other Obligations
21.              How we deal with personal data internally

21.1           We will:
a)                   train our employees in relation to our responsibilities under the GDPR rules
b)                  ensure that only appropriately trained, supervised, and authorised personnel have access to personal data held by us; and
c)                   regularly evaluate and review our collection and processing of personal data and the performance of employees and third parties working on our behalf to ensure that it is in accordance with the GDPR Rules.

21.2           We will keep internal records of personal data that we collect and process including, in relation to that personal data, details of the categories, any transfers, our security measures, our purpose of collection, and the duration of retention of that personal data.  We will also retain details of all third parties that either collect your personal data for us or that we use to process your personal data.

21.3           We will carry out privacy impact assessments as required by law.

22.              Transferring personal data to a country outside the EEA
We may transfer personal data to countries outside of the EEA however we will ensure that the transfer is:
a)                   to a place that the EU has judged to provide adequate levels of protection for personal data
b)                  to a place that provides adequate safeguards under either an agreement with a public body, rules that bind companies or standard data protection clauses adopted by the EU or some other form of approved code of conduct approved by a supervisory authority or certification or other contractual clauses or regulatory provisions
c)                   necessary for the performance of a contract between you and us or with a view to creating that contract
d)                  made with your consent
e)                  necessary for important public interest reasons, legal claims and to protect your vital interests

23.              Notification of personal data security breach

23.1           If a personal data security breach occurs, we will manage and respond to it effectively in accordance with GDPR and it must be reported immediately to our Data Protection Officer.

23.2           We will notify the Information Commissioner Office (ICO) and any data subject of personal data security breaches to the extent we are required to do so by GDPR.

23.3           If disclosure is not required by GDPR, we will nevertheless investigate closely all the circumstances surrounding the breach and examine the seriousness of the breach and the benefits that might be obtained by disclosure (such as limiting risks of fraud) and we will give careful consideration to any decision to notify the ICO or you, especially if your rights and freedoms as data subjects are affected.