Company Personnel: all employees, workers, contractors, agency workers, consultants, directors, members and others.
Data 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 Data Controller of all Personal Data relating to our Company Personnel and Personal Data used in our business for our own commercial purposes.
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.
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 Sensitive 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.
Sensitive 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, and Personal Data relating to criminal offences and convictions.

1.1 Introduction

This Privacy Standard sets out how we 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.

1.2 Scope

All directors, individual business areas, units, departments, line manager, and supervisors are responsible for ensuring all Company Personnel comply with this Privacy Standard and need to implement appropriate practices, processes, controls and training to ensure such compliance.

The Managing Director is responsible for overseeing this Privacy Standard and, as applicable, developing Related Policies.

1.3 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).
• 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).

1.4 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 or Fair Processing Notices.

 

Consent:

• A Data 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.
• Transparency (notifying data subjects):

1.5 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.

1.6 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.

1.7 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.

1.8 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 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 or Fair Processing Notice.

1.9 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 Sensitive Personal 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.
• Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes.

1.10 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:

• 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;
• 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.

You must comply with the Company’s guidelines on cross border data transfers.

1.11 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; and
• 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 line manager.

1.12 Accountability

The Data Controller must implement appropriate technical and organisational measures in an effective manner, to ensure compliance with data protection principles. The Data Controller is responsible for, and must be able to demonstrate, compliance with the data protection principles.

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.
• These records should include, at a minimum, the name and contact details of the Data Controller and the Managing Director, 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.

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.
• 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 programs/systems/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 Sensitive 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 Sensitive Data are being processed, then grounds (b) or
(c) will not be allowed but such Sensitive 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.