GDPR Data Protection Policy
1. Introduction
This Policy sets out the obligations of Sunnybank Plastering Ltd, a company registered in Great Britain under number 04064995, whose registered office is at Sunnybank House Devon Ave, Whitefield, Manchester M45 8QQ the Company regarding data protection and the rights of Employees, Customers, Labour Only Subcontractor’s and Business Contacts. Data subjects in respect of their personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
The GDPR defines “personal data” as any information relating to an identified or identifiable natural person a “data subject” an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.
The Company is committed not only to the letter of the law but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.
2. The Data Protection Principles
This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:
2.1
Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
2.2
Collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes.
2.3
Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
2.4
Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay.
2.5
Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data subject.
2.6
Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.
2.7
If the personal data in question is “special category data” (also known as “sensitive personal data”) (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation), at least one of the following conditions must be met:
2.7.1
The data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless EU or EU Member State law prohibits them from doing so);
2.7.2
The processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by EU or EU Member State law or a collective agreement pursuant to EU Member State law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);
2.7.3
The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
2.7.4
The data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects;
2.7.5
The processing relates to personal data which is clearly made public by the data subject;
2.7.6
The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;
2.7.7
The processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;
2.7.8
The processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of EU or EU Member State law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the GDPR;
2.7.9
The processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the GDPR based on EU or EU Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
3. Specified, Explicit, and Legitimate Purposes
3.1
The Company collects and processes the personal data set out in Part 21 of this Policy. This includes:
3.1.1
Personal data collected directly from data subjects
3.2
The Company only collects, processes, and holds personal data for the specific purposes set out in Part 21 of this Policy (or for other purposes expressly permitted by the GDPR).
3.3
Data subjects are kept informed at all times of the purpose or purposes for which the Company uses their personal data. Please refer to Part 12 for more information on keeping data subjects informed.
4. Adequate, Relevant, and Limited Data Processing
The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed.
5. Accuracy of Data and Keeping Data Up-to-Date
5.1
The Company shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 14, below.
5.2
The accuracy of personal data shall be checked when it is collected and at yearly intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
6. Data Retention
6.1
The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
6.2
When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
6.3
For full details of the Company’s approach to data retention, including retention periods for specific personal data types held by the Company, please refer to our Data Retention Policy.
7. Secure Processing
The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 22 to 27 of this Policy.
8. Accountability and Record-Keeping
8.1
The Company’s Data Protection Officer is Tania Kernaghan. Contact No 0161 766 9512.
8.2
The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other data protection-related policies, and with the GDPR and other applicable data protection legislation.
8.3
The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
8.3.1
The name and details of the Company, its Data Protection Officer, and any applicable third-party data processors;
8.3.2
The purposes for which the Company collects, holds, and processes personal data;
8.3.3
Details of the categories of personal data collected, held, and processed by the Company, and the categories of data subject to which that personal data relates;
8.3.4
Details of how long personal data will be retained by the Company (please refer to the Company’s Data Retention Policy); and
8.3.5
Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.
8.3.6
The necessity and proportionality of the data processing with respect to the purpose for which it is being processed;
8.3.7
Risks posed to data subjects;
8.3.8
Risks posed both within and to the Company; and
8.3.9
Proposed measures to minimise and handle identified risks.
9. Keeping Data Subjects Informed
9.1
The Company shall provide the information to every data subject:
9.1.1
Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and
9.1.2
Where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose:
- if the personal data is used to communicate with the data subject, when the first communication is made; or
- if the personal data is to be transferred to another party, before that transfer is made; or
- as soon as reasonably possible and in any event not more than one month after the personal data is obtained.
9.2
The following information shall be provided:
9.2.1
Details of the Company including, but not limited to, the identity of its Data Protection Officer;
9.2.2
The purpose for which the personal data is being collected and will be processed and the legal basis justifying that collection and processing;
9.2.3
Where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;
9.2.4
Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
9.2.5
Where the personal data is to be transferred to one or more third parties, details of those parties;
9.2.6
Details of data retention;
9.2.7
Details of the data subject’s rights under the GDPR;
9.2.8
Details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time;
9.2.9
Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it; and
10. Data Subject Access
10.1
Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Company holds about them, what it is doing with that personal data, and why.
10.2
Employees wishing to make a SAR should do using a Subject Access Request Form, sending the form to the Company’s Data Protection Officer at Sunnybank House, Devon Avenue, Whitefield Manchester M45 8QQ.
10.3
Responses to SARs shall normally be made within one month of receipt, however this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.
10.4
All SARs received shall be handled by the Company’s Data Protection Officer.
10.5
The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
11. Rectification of Personal Data
11.1
Data subjects have the right to require the Company to rectify any of their personal data that is inaccurate or incomplete.
11.2
The Company shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Company of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
11.3
In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.
12. Erasure of Personal Data
12.1
Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances:
12.1.1
It is no longer necessary for the Company to hold that personal data with respect to the purpose for which it was originally collected or processed;
12.1.2
The data subject wishes to withdraw their consent to the Company holding and processing their personal data;
12.1.3
The personal data has been processed unlawfully;
12.1.4
The personal data needs to be erased in order for the Company to comply with a particular legal obligation.
12.2
Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
12.3
In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
13. Restriction of Personal Data Processing
13.1
Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.
13.2
In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
14. Data Security – Transferring Personal Data and Communications
The Company shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:
14.1
Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
14.2
Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
15. Data Security – Storage
The Company shall ensure that the following measures are taken with respect to the storage of personal data:
15.1
All personal data stored electronically should be backed up daily with backups stored onsite AND offsite.
16. Data Security – Disposal
When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. For further information on the deletion and disposal of personal data, please refer to the Company’s Data Retention Policy.
17. Data Security – Use of Personal Data
The Company shall ensure that the following measures are taken with respect to the use of personal data:
17.1
No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Company requires access to any personal data that they do not already have access to, such access should be formally requested from Tania Kernaghan Data Protection Officer. Sunnybank House, Devon Ave Whitefield, Manchester M45 8QQ
17.2
No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without the authorisation of Tania Kernaghan Data Protection Officer. Sunnybank House, Devon Ave Whitefield, Manchester M45 8QQ
17.3
Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time;
17.4
If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it.
18. Data Security – IT Security
The Company shall ensure that the following measures are taken with respect to IT and information security:
18.1
All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols.
19. Organisational Measures
The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
19.1
All employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the GDPR and under this Policy, and shall be provided with a copy of this Policy;
19.2
Only employees, agents, sub-contractors, or other parties working on behalf of the Company that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Company;
19.3
All employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;
19.4
All personal data held by the Company shall be reviewed periodically, as set out in the Company’s Data Retention Policy;
19.5
The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;
19.6
All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of the GDPR and this Policy by contract;
19.7
All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and the GDPR; and
19.8
Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
20. Implementation of Policy
This Policy shall be deemed effective as of 18.05.2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
