FOR CLIENTS, BUSINESS CONTACTS AND OTHER INTERESTED PARTIES
WHAT IS THE PURPOSE OF THIS DOCUMENT?
dRMM Ltd (de Rijke Marsh Morgan Architects) is committed to protecting the privacy and security of your personal information.
This privacy notice describes how we collect and use personal information about you before, during and after your relationship with us, in accordance with the General Data Protection Regulation (GDPR).
It applies to all clients, business contacts and other interested parties.
dRMM Ltd (dRMM) is a private limited liability company, incorporated and registered in England and Wales with company number 05031408 whose registered office is at Magdalen House, 136-148 Tooley Street, London, United Kingdom, SE1 2TU.
dRMM 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 all clients, business contacts and other interested parties, including visitors to our premises. This notice does not form part of any contract to provide services. We may update this notice at any time. A copy of this notice appears on our website (http://www.drmm.co.uk).
It is important that you read 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.
DATA PROTECTION PRINCIPLES
We will comply with data protection law. This says that the personal information we hold about you must be:
1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. Relevant to the purposes we have told you about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told you about.
6. Kept securely.
THE KIND OF INFORMATION WE HOLD ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
There are “special categories” of more sensitive personal data which require a higher level of protection, such as information about a person’s health. We do not envisage we will process special category data relating to you.
We will collect, store, and use the following categories of personal information about you:
- Identity and Contact Data includes personal details such as name, title, gender, addresses, telephone numbers, and email addresses.
- Financial Data includes bank account and payment details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Profile and Usage Data includes purchases or orders made by you, preferences, feedback, responses and how you use our products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
HOW PERSONAL INFORMATION IS COLLECTED
We collect personal information about clients, business contacts and other interested parties directly from them in the ordinary course of our business, including taking briefs and providing our products and services. We sometimes receive referrals from third parties and may approach potentially interested parties when marketing our products and services.
HOW WILL WE USE INFORMATION ABOUT YOU
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
1. Where we need to perform the contract we have entered into with you, or where you have asked us to take steps to enter into a contract with you.
2. Where we need to comply with a legal obligation.
3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
We may also use your personal information in the following situations, which are likely to be rare:
1. Where we need to protect your interests (or someone else’s interests).
2. Where it is needed in the public interest.
Situations in which we will use your personal information
We need the categories of information in the list above 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 in the table at the end of this document. Some of the 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 information
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased products or services from us and, in each case, you have not opted out of receiving that marketing.
You can ask us to stop sending you marketing messages at any time by contacting us.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Change of purpose
We 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.
Please 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
“Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information.
We do not hold or process sensitive personal information about our clients, business contacts or other interested parties.
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
1. Where we have notified you of the decision and given you 21 days to request a reconsideration.
2. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.
3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
You 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 do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
We may have to share your data with third parties, including third-party service providers. We require third parties to respect the security of your data and to treat it in accordance with the law.
We may transfer your personal information outside the EEA. If we do, you can expect a similar degree of protection in respect of your personal information.
Why might you share my personal information with third parties?
We will share your personal information with third parties where required by law, where it is necessary to administer our contract with you or where we have another legitimate interest in doing so.
Which third-party service providers process my personal information?
Our third party service providers change from time to time and we can let you have details of parties who are processing your data at any given time upon request. We routinely share personal data with IT service providers, cloud storage providers, marketing agencies, our bank, accountants, legal advisers, other professional advisers and other service providers.
How secure is my information with third-party service providers?
All our third-party service providers 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.
What about other third parties?
We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business, or if it is required for legitimate business activities. We may also need to share your personal information with a regulator, HMRC or to otherwise comply with the law.
Transferring information outside the EEA
We may transfer your personal information outside the EEA. If we do, we will ensure there are appropriate measures in place to provide a similar degree of protection for your personal information as that required in the EEA.
We have put in place measures to protect the security of your information. Details of these measures are available upon request.
Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
We 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.
We 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.
How long will you use my information for?
We 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. 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.
In 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.
RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RETRICTION
Your duty to inform us of changes
It 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 relationship with us.
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
- Request access 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.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of 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).
- Object to processing of 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 purposes.
- Request 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.
- Request 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 our data privacy manager in writing.
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.
Right to withdraw consent
In 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 our data privacy manager. 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.
Data privacy manager
We have appointed a data privacy manager to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the data privacy manager. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.
Changes to this privacy notice
We 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.
If you have any questions about this privacy notice, please contact our Data Privacy Manager, Jonas Lencer (firstname.lastname@example.org) .
SITUATIONS IN WHICH WE WILL USE YOUR PERSONAL INFORMATION
||Type of data
||Lawful basis for processing including basis of legitimate interest
|To register you as a new client
|Performance of a contract with you
|To process and deliver our products and services including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us or to provide products and services to our clients)
|To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how clients use our products/services)
|To enable you to complete a survey
(e) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how clients use our products/services, to develop them and grow our business)
|To administer and protect our business
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To make suggestions and recommendations to you about goods or services that may be of interest to you
|Necessary for our legitimate interests (to develop our products/services and grow our business)
dRMM Data Protection Policy
|“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.
||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.
||all employees, workers, contractors, agency workers, consultants, directors, members and others.
||agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear positive action, signifies agreement to the Processing of Personal Data relating to them.
||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 Privacy Impact Assessment (DPIA)”
||tools and assessments used to identify and reduce risks of a data processing activity. DPIA can be carried out as part of Privacy by Design and should be conducted for all major system or business change programs involving the Processing of Personal Data.
|“Data Protection Manager”
||the person with responsibility for data protection compliance.
||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.
||the 28 countries in the EU, and Iceland, Liechtenstein and Norway.
||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.
||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.
|“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.
||any privacy/GDPR related guidelines provided from time to time to assist in interpreting and implementing this Privacy Standard and Related Policies.
|“Privacy Notices (also referred to as Fair Processing Notices) or Privacy Policies”
|“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.
||any policies, operating procedures or processes related to this Privacy Standard and designed to protect Personal Data.
|“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.
2.1 This Privacy Standard sets out how dRMM Ltd (de Rijke Marsh Morgan Architects) (the “Company”, “we”, “our”, “us”) handle the Personal Data of our customers, suppliers, employees, workers and other third parties.
2.2 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, members, supplier contacts, shareholders, website users or any other Data Subject.
2.3 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 in order for the Company to comply with applicable law. Your compliance with this Privacy Standard is mandatory. Related Policies and Privacy Guidelines may be provided from time to time to help you interpret and act in accordance with this Privacy Standard. You must also comply with all such Related Policies and Privacy Guidelines. Any breach of this Privacy Standard may result in disciplinary action.
2.4 This Privacy Standard is an internal document and cannot be shared with third parties, clients or regulators without prior authorisation from the Data Protection Manager.
3.1 We recognise that the correct and lawful treatment of Personal Data will maintain confidence in the organisation and will provide for successful business operations. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times. The Company is exposed to potential fines of up to EUR20 million (approximately £18 million) or 4% of total worldwide annual turnover, whichever is higher and depending on the breach, for failure to comply with the provisions of the GDPR.
3.2 All directors, managers 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.
3.3 The Data Protection Manager is responsible for overseeing this Privacy Standard and, as applicable, developing Related Policies and Privacy Guidelines. That post is held by Jonas Lencer, Director, 020 7803 0777, email@example.com.
3.4 Please contact the Data Protection Manager 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 Data Protection Manager in the following circumstances:
3.4.1 if you are unsure of the lawful basis which you are relying on to process Personal Data (including the legitimate interests used by the Company) (see paragraph 5.1 below);
3.4.2 if you need to rely on Consent and/or need to capture Explicit Consent (see paragraph 5.2 below);
3.4.3 if you need to draft Privacy Notices or Fair Processing Notices (see paragraph 5.3 below);
3.4.4 if you are unsure about the retention period for the Personal Data being Processed (see paragraph 9 below);
3.4.5 if you are unsure about what security or other measures you need to implement to protect Personal Data (see paragraph 10.1 below);
3.4.6 if there has been a Personal Data Breach (paragraph 10.2 below);
3.4.7 if you are unsure on what basis to transfer Personal Data outside the EEA (see paragraph 11 below);
3.4.8 if you need any assistance dealing with any rights invoked by a Data Subject (see paragraph 12);
3.4.9 whenever you are engaging in a significant new, or change in, Processing activity which is likely to require a DPIA (see paragraph 13.3.1 below) or plan to use Personal Data for purposes others than what it was collected for;
3.4.10 If you plan to undertake any activities involving Automated Processing including profiling or Automated Decision-Making (see paragraph 13.3.2 below);
3.4.11 If you need help complying with applicable law when carrying out direct marketing activities (see paragraph 13.3.3 below); or
3.4.12 if you need help with any contracts or other areas in relation to sharing Personal Data with third parties (including our vendors) (see paragraph 13.4 below).
PERSONAL DATA PROTECTION PRINCIPLES
4.1 We adhere to the principles relating to Processing of Personal Data set out in the GDPR which require Personal Data to be:
4.1.1 Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency).
4.1.2 Collected only for specified, explicit and legitimate purposes (Purpose Limitation).
4.1.3 Adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation).
4.1.4 Accurate and where necessary kept up to date (Accuracy).
4.1.5 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).
4.1.6 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).
4.1.7 Not transferred to another country without appropriate safeguards being in place (Transfer Limitation).
4.1.8 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).
4.2 We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).
LAWFULNESS, FAIRNESS, TRANSPARENCY
5.1 LAWFULNESS AND FAIRNESS
5.2 Personal data must be Processed lawfully, fairly and in a transparent manner in relation to the Data Subject.
5.3 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.
5.4 The GDPR allows Processing for specific purposes, some of which are set out below:
5.4.1 the Data Subject has given his or her Consent;
5.4.2 the Processing is necessary for the performance of a contract with the Data Subject;
5.4.3 to meet our legal compliance obligations;
5.4.4 to protect the Data Subject’s vital interests;
5.4.5 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.
5.5 You must identify and document the legal ground being relied on for each Processing activity.
5.7 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.
5.8 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.
5.9 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.
5.10 Unless we can rely on another legal basis of Processing, Explicit Consent is usually required for Processing Sensitive Personal Data, for Automated Decision-Making and for cross border data transfers. Usually we will be relying on another legal basis (and not require Explicit Consent) to Process most types of Sensitive Data. Where Explicit Consent is required, you must issue a Fair Processing Notice to the Data Subject to capture Explicit Consent.
5.11 You will need to evidence Consent captured and keep records of all Consents so that the Company can demonstrate compliance with Consent requirements.
5.12 TRANSPARENCY (NOTIFYING DATA SUBJECTS)
5.13 The GDPR requires Data Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere. Such information must be provided through appropriate Privacy Notices or Fair Processing Notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them.
5.14 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 Data Controller and Data Protection Manager, how and why we will use, Process, disclose, protect and retain that Personal Data through a Fair Processing Notice which must be presented when the Data Subject first provides the Personal Data.
5.15 When Personal Data is collected indirectly (for example, from a third party or publicly available source), you must provide the Data Subject with all the information required by the GDPR as soon as possible after collecting/receiving the data. You must also check that the Personal Data was collected by the third party in accordance with the GDPR and on a basis which contemplates our proposed Processing of that Personal Data.
6.1 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.
6.2 You cannot use Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless you have informed the Data Subject of the new purposes and they have Consented where necessary.
7.1 Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.
7.2 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.
7.3 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.
7.4 You must ensure that when Personal Data is no longer needed for specified purposes, it is deleted or anonymised in accordance with the Company’s data retention guidelines.
8.1 Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.
8.2 You will ensure that the Personal Data we use and hold is accurate, complete, kept up to date and relevant to the purpose for which we collected it. You must check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.
9.1 Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.
9.2 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.
9.3 The Company will maintain retention policies and procedures to ensure Personal Data is deleted after a reasonable time for the purposes for which it was being held, unless a law requires such data to be kept for a minimum time. You must comply with the Company’s guidelines on data retention.
9.4 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.
9.5 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.
SECURITY INTEGRITY AND CONFIDENTIALITY
10.1 PROTECTING PERSONAL DATA
10.2 Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.
10.3 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.
10.4 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.
10.5 You must maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:
10.5.1 Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it.
10.5.2 Integrity means that Personal Data is accurate and suitable for the purpose for which it is processed.
10.5.3 Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes.
10.6 You must comply with and not attempt to circumvent the administrative, physical and technical safeguards we implement and maintain in accordance with the GDPR and relevant standards to protect Personal Data.
10.7 REPORTING A PERSONAL DATA BREACH
10.8 The GDPR requires Data Controllers to notify any Personal Data Breach to the applicable regulator and, in certain instances, the Data Subject.
10.9 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.
10.10 If you know or suspect that a Personal Data Breach has occurred, do not attempt to investigate the matter yourself. Immediately contact the Data Protection Manager and follow any instruction given. You should preserve all evidence relating to the potential Personal Data Breach.
11.1 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.
11.2 You may only transfer Personal Data outside the EEA if one of the following conditions applies:
11.2.1 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;
11.2.2 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 Data Protection Manager;
11.2.3 the Data Subject has provided Explicit Consent to the proposed transfer after being informed of any potential risks; or
11.2.4 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
12.1 Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:
12.1.1 withdraw Consent to Processing at any time;
12.1.2 receive certain information about the Data Controller’s Processing activities;
12.1.3 request access to their Personal Data that we hold;
12.1.4 prevent our use of their Personal Data for direct marketing purposes;
12.1.5 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;
12.1.6 restrict Processing in specific circumstances;
12.1.7 challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;
12.1.8 request a copy of an agreement under which Personal Data is transferred outside of the EEA;
12.1.9 object to decisions based solely on Automated Processing, including profiling (ADM);
12.1.10 prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;
12.1.11 be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
12.1.12 make a complaint to the supervisory authority; and
12.1.13 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.
12.2 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).
12.3 You must immediately forward any Data Subject request you receive to the Data Protection Manager and comply with any instructions given.
13.1 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.
13.2 The Company must have adequate resources and controls in place to ensure and to document GDPR compliance including:
13.2.1 appointing a Data Protection Manager responsible for data privacy;
13.2.2 implementing Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
13.2.3 integrating data protection into internal documents including this Privacy Standard, Related Policies, Privacy Guidelines, Privacy Notices or Fair Processing Notices;
13.2.4 regularly training Company Personnel on the GDPR, this Privacy Standard, Related Policies and Privacy Guidelines and data protection matters including, for example, Data Subject’s rights, Consent, legal basis, DPIA and Personal Data Breaches. The Company must maintain a record of training attendance by Company Personnel; and
13.2.5 regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.
13.3 RECORD KEEPING
13.3.1 The GDPR requires us to keep full and accurate records of all our data Processing activities.
13.3.2 You must keep and maintain accurate corporate records reflecting our Processing including records of Data Subjects’ Consents and procedures for obtaining Consents.
13.3.3 These records should include, at a minimum, the name and contact details of the Data Controller and the Data Protection Manager, clear descriptions of the Personal Data types, Data Subject types, Processing activities, Processing purposes, third-party recipients of the Personal Data, Personal Data storage locations, Personal Data transfers, the Personal Data’s retention period and a description of the security measures in place. In order to create such records, data maps should be created which should include the detail set out above together with appropriate data flows.
13.4 TRAINING AND AUDIT
13.4.1 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.
13.4.2 You must undergo all mandatory data privacy related training and ensure your team undergo similar mandatory training.
13.4.3 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.
13.5 PRIVACY BY DESIGN AND DATA PROTECTION IMPACT ASSESSMENT (DPIA)
13.5.1 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.
13.5.2 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:
188.8.131.52 the state of the art;
184.108.40.206 the cost of implementation;
220.127.116.11 the nature, scope, context and purposes of Processing; and
18.104.22.168 the risks of varying likelihood and severity for rights and freedoms of Data Subjects posed by the Processing.
13.5.3 Data controllers must also conduct DPIAs in respect to high risk Processing.
13.5.4 You should conduct a DPIA (and discuss your findings with the Data Protection Manager) when implementing major system or business change programs involving the Processing of Personal Data including:
22.214.171.124 use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);
126.96.36.199 Automated Processing including profiling and ADM;
188.8.131.52 large scale Processing of Sensitive Data; and
184.108.40.206 large scale, systematic monitoring of a publicly accessible area.
13.5.5 A DPIA must include:
220.127.116.11 a description of the Processing, its purposes and the Data Controller’s legitimate interests if appropriate;
18.104.22.168 an assessment of the necessity and proportionality of the Processing in relation to its purpose;
22.214.171.124 an assessment of the risk to individuals; and
126.96.36.199 the risk mitigation measures in place and demonstration of compliance.
13.6 AUTOMATED PROCESSING (INCLUDING PROFILING) AND AUTOMATED DECISION-MAKING
13.6.1 Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual unless:
188.8.131.52 a Data Subject has Explicitly Consented;
184.108.40.206 the Processing is authorised by law; or
220.127.116.11 the Processing is necessary for the performance of or entering into a contract.
13.6.2 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.
13.6.3 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.
13.6.4 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.
13.6.5 A DPIA must be carried out before any Automated Processing (including profiling) or ADM activities are undertaken.
13.7 DIRECT MARKETING
13.7.1 We are subject to certain rules and privacy laws when marketing to our customers.
13.7.2 For example, a Data Subject’s prior consent is required for electronic direct marketing (for example, by email, text or automated calls) where they are an individual subscriber (residential subscribers (consumers), sole traders, non-limited liability partnership) rather than a corporate subscriber. 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.
13.7.3 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.
13.7.4 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.
13.8 SHARING PERSONAL DATA
13.8.1 Generally we are not allowed to share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place.
13.8.2 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.
13.8.3 You may only share the Personal Data we hold with third parties, such as our service providers if:
18.104.22.168 they have a need to know the information for the purposes of providing the contracted services;
22.214.171.124 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;
126.96.36.199 the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place;
188.8.131.52 the transfer complies with any applicable cross border transfer restrictions; and
184.108.40.206 a fully executed written contract that contains GDPR approved third party clauses has been obtained.
CHANGES TO THIS PRIVACY STANDARD
14.1 We reserve the right to change this Privacy Standard at any time so please check back regularly to obtain the latest copy of this Privacy Standard. We last revised this Privacy Standard on 15 May 2018.
14.2 This Privacy Standard does not override any applicable national data privacy laws and regulations.