DICKINSON TRANSPORT LTD
PRIVACY NOTICE FOR ALL STAFF
is the purpose of this document?
John Dickinson Transport Limited
This privacy notice describes
John Dickinson Transport Limited is
a “data controller”. This means that we are responsible for
deciding how we hold and use personal information about you. We are
required under data protection legislation to notify you of the
information contained in this privacy notice.
This notice applies to current and
former employees, workers and contractors. This notice does not form
part of any contract of employment or other contract to provide
services. We may update this notice at any time but if we do so, we
will provide you with an updated copy of this notice as soon as
It is important that you read and
retain this notice, together with any other privacy notice we may
provide on specific occasions when we are collecting or processing
personal information about you, so that you are aware of how and why
we are using such information and what your rights are under the data
We will comply with data
1. Used lawfully, fairly and
2. Collected only for valid
3. Relevant to the purposes we
4. Accurate and kept up to
5. Kept only as long as
The kind of information we hold about you
Personal data, or personal
will collect, store, and use the following categories of personal
information about you:
Personal contact details such as
name, title, addresses, telephone numbers, and personal email
Date of birth.
Marital status and dependants.
Next of kin and emergency contact
National Insurance number.
Bank account details, payroll
records and tax status information.
Salary, annual leave, pension and
Start date and, if different, the
date of your continuous employment.
Leaving date and your reason for
Death in service benefits
Details of any company loans or
personal purchases using company funds
Collective work force agreements
Recruitment information (including
copies of right to work documentation, references and other
information included in a CV or cover letter or as part of the
Employment records (including job
titles, work history, working hours, holidays, training records and
Disciplinary and grievance
CCTV footage and other information
obtained through electronic means such as swipe card records and
Information about your use of our
information and communications systems.
Results of HMRC employment status
check, details of your interest in and connection with the
intermediary through which your services are supplied.
Location of employment or
Copy of driving licence.
Drivers hours records and checks
Tachograph digital cards and
Vehicle daily defect reports
Vehicle telematics data
CCTV footage inside
vehicles/dashcams/external or site CCTV
Telephone recordings (if required)
Any information sent to customers
with your direct contact details
Site attendance logs
Site visitors details
Night out location (if any)
may also collect, store and use the following “special
categories” of more sensitive personal information:
Information about your marital
status, race or ethnicity, religious beliefs, sexual orientation.
Information about your health,
including any medical condition, health and sickness records,
where you leave employment and
under any share plan operated by a group company the reason for
leaving is determined to be ill-health, injury or disability, the
records relating to that decision;
details of any absences (other than
holidays) from work including time on statutory parental leave and
sick leave; and
where you leave employment and the
reason for leaving is related to your health, information about that
condition needed for pensions and permanent health insurance
Information about criminal
convictions and offences.
How is your personal
We collect personal information
about employees, workers and contactors through the application and
recruitment process, either directly from candidates or sometimes
from an employment agency or background check provider. We may
sometimes collect additional information from third parties including
former employers, credit reference agencies or other background check
We may also collect personal
information from the trustees or managers of pension arrangements
operated by a group company.
We will collect additional personal
information in the course of job-related activities throughout the
period of you working for us.
We will only use your personal
1. Where we need to perform
2. Where we need to comply
3. Where it is necessary for
We may also use your personal
1. Where we need to protect
in which we will use your personal information
need all the categories of information in the list above (see
paragraph 19) primarily to allow us to perform our contract with you
and to enable us to comply with legal obligations. In some cases we
may use your personal information to pursue legitimate interests of
our own or those of third parties, provided your interests and
fundamental rights do not override those interests. The situations in
which we will process your personal information are listed below.
Making a decision about your
recruitment or appointment.
Determining the terms on which you
work for us.
Checking you are legally entitled
to work in the UK.
Paying you and, if you are an
employee or deemed employee for tax purposes, deducting tax and
National Insurance contributions (NICs).
Providing the benefits to you (if
Enrolling you in a pension
arrangement in accordance with our statutory automatic enrolment
Administering the contract we have
entered into with you.
Business management and planning,
including accounting and auditing.
Conducting performance reviews,
managing performance and determining performance requirements.
Making decisions about salary
reviews and compensation.
Assessing qualifications for a
particular job or task, including decisions about promotions.
Gathering evidence for possible
grievance or disciplinary hearings.
Making decisions about your
continued employment or engagement.
Making arrangements for the
termination of our working relationship.
Education, training and development
Dealing with legal disputes
involving you, or other employees, workers and contractors,
including accidents at work.
Ascertaining your fitness to work.
Managing sickness absence.
Complying with health and safety
To prevent fraud.
To monitor your use of our
information and communication systems to ensure compliance with our
To ensure network and information
security, including preventing unauthorised access to our computer
and electronic communications systems and preventing malicious
To conduct data analytics studies
to review and better understand employee retention and attrition
Equal opportunities monitoring.
For your health and safety and that
To comply with Road Traffic laws
To comply with Road Transport
To comply with DVSA rules and
Some of the above grounds for
processing will overlap and there may be several grounds which
justify our use of your personal information.
If you fail to provide personal
you fail to provide certain information when requested, we may not be
able to perform the contract we have entered into with you (such as
paying you or providing a benefit), or we may be prevented from
complying with our legal obligations (such as to ensure the health
and safety of our workers).
Change of purpose
will only use your personal information for the purposes for which we
collected it, unless we reasonably consider that we need to use it
for another reason and that reason is compatible with the original
purpose. If we need to use your personal information for an unrelated
purpose, we will notify you and we will explain the legal basis which
allows us to do so.
note that we may process your personal information without your
knowledge or consent, in compliance with the above rules, where this
is required or permitted by law.
How we use particularly sensitive personal information
1. In limited circumstances,
2. Where we need to carry out
3. Where it is needed in the
as an employer
will use your particularly sensitive personal information in the
We will use information relating to
leaves of absence, which may include sickness absence or family
related leaves, to comply with employment and other laws.
We will use information about your
physical or mental health, or disability status, to ensure your
health and safety in the workplace and to assess your fitness to
work, to provide appropriate workplace adjustments, to monitor and
manage sickness absence and to administer benefits including
statutory maternity pay, statutory sick pay, pensions and permanent
If you apply for an ill-health
pension under a pension arrangement operated by a group company, we
will use information about your physical or mental health in
reaching a decision about your entitlement.
We will use information about your
race or national or ethnic origin, religious, philosophical or moral
beliefs, or your sexual life or sexual orientation, to ensure
meaningful equal opportunity monitoring and reporting.
Do we need your consent?
do not need your consent if we use special categories of your
personal information in accordance with our written policy to carry
out our legal obligations or exercise specific rights in the field of
employment law. In limited circumstances, we may approach you for
your written consent to allow us to process certain particularly
sensitive data. If we do so, we will provide you with full details of
the information that we would like and the reason we need it, so that
you can carefully consider whether you wish to consent. You should be
aware that it is not a condition of your contract with us that you
agree to any request for consent from us. Please also note that if
you leave the business and a request is made by a prospective
employer for a reference on you, we will not seek your consent to
provide them with one unless you state at the time of your exit that
you prefer that we do not make contact with them.
Information about criminal convictions
We may only use information
Less commonly, we may use
envisage that we will hold information about criminal convictions.
will only collect information about criminal convictions if it is
appropriate given the nature of the role and where we are legally
able to do so.
1. Where we have notified you
2. Where it is necessary to
3. In limited circumstances,
will not be subject to decisions that will have a significant impact
on you based solely on automated decision-making, unless we have a
lawful basis for doing so and we have notified you.
We may have to share your data
We require third parties to
We may transfer your personal
might you share my personal information with third parties?
will share your personal information with third parties where
required by law, where it is necessary to administer the working
relationship with you or where we have another legitimate interest in
Which third-party service
providers process my personal information?
parties” includes third-party service providers (including
contractors and designated agents) and other entities within our
group. The following activities are carried out by third-party
service providers: payroll, pension administration, benefits
provision and administration, IT services, DVSA, DVLA for driving
applicable, we will share personal data regarding your participation
in any pension arrangement operated by a group company with the
trustees or scheme managers of the arrangement in connection with the
administration of the arrangements.
How secure is my information
with third-party service providers and other entities in our group?
our third-party service providers and other entities in the group are
required to take appropriate security measures to protect your
personal information in line with our policies. We do not allow our
third-party service providers to use your personal data for their own
purposes. We only permit them to process your personal data for
specified purposes and in accordance with our instructions.
When might you share my personal
information with other entities in the group?
will share your personal information with other entities in our group
as part of our regular reporting activities on company performance,
in the context of a business reorganisation or group restructuring
exercise, for system maintenance support and hosting of data.
What about other third parties?
may share your personal information with other third parties, for
example in the context of the possible sale or restructuring of the
business. In this situation we will, so far as possible, share
anonymised data with the other parties before the transaction
completes. Once the transaction is completed, we will share your
personal data with the other parties if and to the extent required
under the terms of the transaction.
may also need to share your personal information with a regulator or
to otherwise comply with the law. This may include making returns to
HMRC and disclosures to shareholders such as directors’ remuneration
We have put in place measures
have put in place appropriate security measures to prevent your
personal information from being accidentally lost, used or accessed
in an unauthorised way, altered or disclosed. In addition, we limit
access to your personal information to those employees, agents,
contractors and other third parties who have a business need to know.
They will only process your personal information on our instructions
and they are subject to a duty of confidentiality.
have put in place procedures to deal with any suspected data security
breach and will notify you and any applicable regulator of a
suspected breach where we are legally required to do so.
long will you use my information for?
will only retain your personal information for as long as necessary
to fulfil the purposes we collected it for, including for the
purposes of satisfying any legal, accounting, or reporting
requirements. A data retention policy is available from Brenda
To determine the appropriate retention period for personal data, we
consider the amount, nature, and sensitivity of the personal data,
the potential risk of harm from unauthorised use or disclosure of
your personal data, the purposes for which we process your personal
data and whether we can achieve those purposes through other means,
and the applicable legal requirements.
some circumstances we may anonymise your personal information so that
it can no longer be associated with you, in which case we may use
such information without further notice to you. Once you are no
longer an employee, worker or contractor of the company we will
retain and securely destroy your personal information in accordance
with applicable laws and regulations.
Rights of access, correction,
erasure, and restriction
duty to inform us of changes
is important that the personal information we hold about you is
accurate and current. Please keep us informed if your personal
information changes during your working relationship with us.
rights in connection with personal information
certain circumstances, by law you have the right to:
your personal information (commonly known as a “data subject
access request”). This enables you to receive a copy of the
personal information we hold about you and to check that we are
lawfully processing it.
the personal information that we hold about you. This enables you to
have any incomplete or inaccurate information we hold about you
your personal information. This enables you to ask us to delete or
remove personal information where there is no good reason for us
continuing to process it. You also have the right to ask us to
delete or remove your personal information where you have exercised
your right to object to processing (see below).
your personal information where we are relying on a legitimate
interest (or those of a third party) and there is something about
your particular situation which makes you want to object to
processing on this ground. You also have the right to object where
we are processing your personal information for direct marketing
the restriction of processing of
your personal information. This enables you to ask us to suspend the
processing of personal information about you, for example if you
want us to establish its accuracy or the reason for processing it.
the transfer of
your personal information to another party.
If you want to
review, verify, correct or request erasure of your personal
information, object to the processing of your personal data, or
request that we transfer a copy of your personal information to
another party, please contact Brenda
No fee usually required
You will not have to pay a fee to
access your personal information (or to exercise any of the other
rights). However, we may charge a reasonable fee if your request for
access is clearly unfounded or excessive. Alternatively, we may
refuse to comply with the request in such circumstances.
What we may need from you
We may need to request specific
information from you to help us confirm your identity and ensure your
right to access the information (or to exercise any of your other
rights). This is another appropriate security measure to ensure that
personal information is not disclosed to any person who has no right
to receive it.
the limited circumstances where you may have provided your consent to
the collection, processing and transfer of your personal information
for a specific purpose, you have the right to withdraw your consent
for that specific processing at any time. To withdraw your consent,
please contact Brenda
Once we have received notification that you have withdrawn your
consent, we will no longer process your information for the purpose
or purposes you originally agreed to, unless we have another
legitimate basis for doing so in law.
reserve the right to update this privacy notice at any time, and we
will provide you with a new privacy notice when we make any
substantial updates. We may also notify you in other ways from time
to time about the processing of your personal information.
you have any questions about this privacy notice, please contact
JOHN DICKINSON TRANSPORT LTD
4. Personal data protection principles 4
5. Lawfulness, fairness, transparency 4
10. Security integrity and confidentiality 7
12. Data Subject’s rights and requests 8
14. Changes to this Privacy Standard 12
15. Acknowledgement of receipt and review 12
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.
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.
Company name: John Dickinson Transport Ltd.
Company Personnel: all employees, workers, [contractors, agency workers, consultants,] directors, members and others.
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, signify agreement to the Processing of Personal Data relating to them.
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.
Criminal Convictions Data: means personal data relating to criminal convictions and offences and includes personal data relating to criminal allegations and proceedings.
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.
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 programmes involving the Processing of Personal Data.
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.
EEA: the 28 countries in the EU, and Iceland, Liechtenstein and Norway.
Explicit Consent: consent which requires a very clear and specific statement (that is, not just action).
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.
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 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.
Privacy by Design: implementing appropriate technical and organisational measures in an effective manner to ensure compliance with the GDPR.
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.
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.
Related Policies: the Company’s policies, operating procedures or processes related to this Privacy Standard and designed to protect Personal Data
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.
This Privacy Standard sets out how John Dickinson Transport Ltd (“we”, “our”, “us”, “the Company”) handle the Personal Data of our customers, suppliers, employees, workers and other third parties.
This Privacy Standard 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 Privacy Standard applies to all Company Personnel (“you”, “your”). You must read, understand and comply with this Privacy Standard when Processing Personal Data on our behalf and attend training on its requirements. This Privacy Standard sets out what we expect from you for the Company to comply with applicable law. Your compliance with this Privacy Standard is mandatory. Related Policies are available to help you interpret and act in accordance with this Privacy Standard. You must also comply with all such Related Policies. Any breach of this Privacy Standard 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 Privacy Standard or otherwise then you must comply with the Related Policies.
This Privacy Standard (together with Related Policies) is an internal document and cannot be shared with third parties, clients or regulators without prior authorisation from the DPO.
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 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.
All managers and heads of departments are responsible for ensuring all Company Personnel comply with this Privacy Standard and need to implement appropriate practices, processes, controls and training to ensure that compliance.
The DPO is responsible for overseeing this Privacy Standard and, as applicable, developing Related Policies. That post is held by Brenda Dickinson, 01325 730587, firstname.lastname@example.org
Please contact the DPO with any questions about the operation of this Privacy Standard or the GDPR or if you have any concerns that this Privacy Standard is not being or has not been followed. In particular, you must always contact the DPO in the following circumstances:
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);
if you need to rely on Consent and/or need to capture Explicit Consent (see paragraph 5.2);
if you need to draft Privacy Notices (see paragraph 5.3);
if you are unsure about the retention period for the Personal Data being Processed (see paragraph 9);
if you are unsure about what security or other measures you need to implement to protect Personal Data (see paragraph 10.1);
if there has been a Personal Data Breach (paragraph 10.2);
if you are unsure on what basis to transfer Personal Data outside the EEA (see paragraph 11);
if you need any assistance dealing with any rights invoked by a Data Subject (see paragraph 12);
whenever you are engaging in a significant new, or change in, Processing activity which is likely to require a DPIA (see paragraph 13.4) or plan to use Personal Data for purposes other than what it was collected for;
if you plan to undertake any activities involving Automated Processing including profiling or Automated Decision-Making (see paragraph 13.5);
if you need help complying with applicable law when carrying out direct marketing activities (see paragraph 13.6); or
if you need help with any contracts or other areas in relation to sharing Personal Data with third parties (including our vendors) (see paragraph 13.7).
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:
Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency);
collected only for specified, explicit and legitimate purposes (Purpose Limitation);
adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation);
accurate and where necessary kept up to date (Accuracy);
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);
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);
not transferred to another country without appropriate safeguards being in place (Transfer Limitation); and
made available to Data Subjects and allow Data Subjects 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).
Lawfulness, fairness, transparency
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 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:
the Data Subject has given his or her Consent;
the Processing is necessary for the performance of a contract with the Data Subject;
to meet our legal compliance obligations;
to protect the Data Subject’s vital interests;
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
You must identify and document the legal ground being relied on for each Processing activity [in accordance with the Company’s guidelines on Lawful Basis for Processing Personal Data].
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.
When processing Special Category Data or Criminal Convictions Data, we will usually rely on a legal basis for processing other than Explicit Consent or Consent if possible. Where Explicit Consent is relied on, 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 so that the Company can demonstrate compliance with Consent requirements.
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. The 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), we must provide the Data Subject with all the information required by the GDPR as soon as possible after collecting or receiving the data. We 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.
If you are collecting Personal Data from Data Subjects, directly or indirectly, then you must provide Data Subjects with a Privacy Notice in accordance with our Related Policies.
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.
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.
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.
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 that data to be kept for a minimum time.
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 that 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.
Security integrity and confidentiality
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 Data and 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:
Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it;
Integrity means that Personal Data is accurate and suitable for the purpose for which it is processed; and
Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes.
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 GDPR restricts data transfers to countries outside the EEA 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:
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 Subject’s rights and freedoms;
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;
the Data Subject has provided Explicit Consent to the proposed transfer after being informed of any potential risks; or
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.
Data Subject’s rights and requests
Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:
withdraw Consent to Processing at any time;
receive certain information about the Data Controller’s Processing activities;
request access to their Personal Data that we hold;
prevent our use of their Personal Data for direct marketing purposes;
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;
restrict Processing in specific circumstances;
challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;
request a copy of an agreement under which Personal Data is transferred outside of the EEA;
object to decisions based solely on Automated Processing, including profiling (ADM);
prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;
be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
make a complaint to the supervisory authority;
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 Brenda Dickinson and comply with the company’s Data Request Response Plan.
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:
appointing a suitably qualified DPO (where necessary) and an executive accountable for data privacy;
implementing Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
integrating data protection into internal documents including this Privacy Standard, Related Policies or Privacy Notices;
regularly training Company Personnel on the GDPR, this Privacy Standard, Related Policies 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
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.
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. To create the records, data maps should be created which should include the detail set out above together with appropriate data flows.
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 Privacy Standard and check that adequate governance controls and resources are in place to ensure proper use and protection of Personal Data.
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 programmes, systems or processes that Process Personal Data by taking into account the following:
the state of the art;
the cost of implementation;
the nature, scope, context and purposes of Processing; and
the risks of varying likelihood and severity for rights and freedoms of Data Subjects posed by the Processing.
Data controllers must also conduct DPIAs in respect to high-risk Processing.
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:
use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);
Automated Processing including profiling and ADM;
large-scale Processing of Special Categories of Personal Data or Criminal Convictions Data; and
large-scale, systematic monitoring of a publicly accessible area.
A DPIA must include:
a description of the Processing, its purposes and the Data Controller’s legitimate interests if appropriate;
an assessment of the necessity and proportionality of the Processing in relation to its purpose;
an assessment of the risk to individuals; and
the risk mitigation measures in place and demonstration of compliance.
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 Data Subject has Explicitly Consented;
the Processing is authorised by law; or
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 the 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.
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.
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 subsidiaries and our ultimate holding company along with its 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:
they have a need to know the information for the purposes of providing the contracted services;
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;
the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place;
the transfer complies with any applicable cross-border transfer restrictions; and
a fully executed written contract that contains GDPR-approved third party clauses has been obtained.
Changes to this Privacy Standard
We keep this Privacy Standard under regular review. This Privacy Standard does not override any applicable national data privacy laws and regulations in countries where the Company operates.