Addressing the General Data Protection Regulation (GDPR) 2018 [EU] and the Data Protection Act (DPA) 2018 [UK]
For information on this Policy or to request Subject Access please contact the Data Compliance Officer (DCO), details below.
Telephone: 07875 944 602
Post: Lucas Gardiner Ltd, 52 Bucharest Road, London SW18 3AR
Lucas Gardiner Ltd (the Company) holds personal data about clients, suppliers and employees for a variety of business purposes. This policy sets out how we seek to protect personal data and ensure that officers of the Company understand the rules governing their use of personal data to which they have access in the course of their work.
Business purposes for which personal data may be used by us include the following:
• Compliance with our legal and governance obligations and good practice
• Ensuring privacy policies are adhered to (such as policies covering email and internet use)
• Operational reasons, such as recording transactions, distribution of information and company promotions
• Investigating complaints
• Checking references, ensuring safe working practices, monitoring and managing Officer access to administrative information
• Improving services to clients
Information relating to clients, suppliers, existing & former partners and employees.
Personal data we gather may include: individuals’ contact details, educational background, details of qualification certificates and diplomas, education and skills, marital status and job title.
Sensitive personal data
Personal data about an individual’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership (or non-membership), physical or mental health or condition, criminal offences, or related proceedings is not requested, sought or held by the Company.
This policy applies to all officers of the Company. You must be familiar with this policy and comply with its terms. This policy supplements any other policies relating to internet and email use. We may supplement or amend this policy by additional policies and guidelines from time to time. Any new or modified policy will be distributed to members.
Who is responsible for this policy?
The Company is not required to appoint a Data Protection Officer. The responsibility for this policy rests with the Company and is maintained and administered by the DCO.
Fair and lawful processing
We must process personal data fairly and lawfully in accordance with individuals’ rights. This generally means that we should not process personal data unless the individual whose details we are processing has consented to us doing so.
The DCO’s Responsibilities
• Keeping the Company updated about data protection responsibilities, risks and issues
• Reviewing all data protection procedures and policies on a regular basis
• Arranging data protection guidance and advice for all Company members and those included in this policy
• Answering questions on data protection from clients, suppliers, employees and other stakeholders
• Responding to individuals such as clients, suppliers and employees who wish to know what data is being held on them by the Company
• Checking and approving with third parties that handle the Company’s data any contracts or agreement regarding data processing.
Responsibilities of the DCO or his/her Designate
• Ensure all systems, services, software and equipment meet acceptable security standards
• Checking and scanning security hardware and software regularly to ensure it is functioning properly
• Researching third-party services, such as cloud services the Company is considering using to store or process data
• Approving data protection statements attached to emails and notices
The processing of all data must be:
• Necessary to deliver services to our clients
• In our legitimate interests and not unduly prejudice the individual’s privacy.
Accuracy and relevance
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
Individuals may ask that we correct inaccurate personal data relating to them. If you believe that information is inaccurate you should record the fact that the accuracy of the information is disputed and inform the DCO.
Your personal data
You must take reasonable steps to ensure that personal data we hold about you is accurate and updated as required. For example, if your personal circumstances change, please inform the DCO so that the data can be updated in the records.
We must keep personal data secure against loss or misuse. Where other organisations process personal data as a service on our behalf, the DCO will establish what, if any, additional specific data security arrangements need to be implemented in contracts with those third-party organisations.
Storing data securely
• In cases when data is stored on printed paper, it should be kept in a secure place where unauthorised personnel cannot access it
• Printed data should be shredded when it is no longer needed
• Data stored on a computer should be protected by strong passwords that are changed regularly.
• Data stored on CDs or memory sticks must be locked away securely when they are not being used
• The DCO must approve any cloud service used to store data
• Any servers containing personal data must be kept in a secure location, away from general office space
• Data should be regularly backed up in line with the Company’s back up procedures
• Data should never be saved directly to mobile devices such as laptops, tablets or smartphones
• All servers containing sensitive data must be approved and protected by security software and strong firewall.
We must not retain an individual’s data for longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the personal data was obtained, but should be determined in a manner consistent with our data retention guidelines.
Subject access requests
Please note that under the Data Protection Act 1998, individuals are entitled, subject to certain exceptions, to request access to information held about them. This requirement is included in the GDPR 2018 and is expected to be included in the DPA 2018 Act.
Subject access requests from people should be referred immediately to the DCO. Please contact the DCO if you would like to correct or request information that we hold about you. There are also restrictions on the information to which you are entitled under applicable law.
Processing data in accordance with the individual’s rights
We will abide by any request from an individual not to use their personal data for direct marketing purposes and notify the DCO about any such request. We will not send direct marketing material to someone electronically (e.g. via email) unless we have an existing business relationship with them in relation to the services being marketed.
We will ensure at all times that those with specific responsibilities under this policy will have access to the relevant training, and in the event of any changes to the policy or statute will be required to and be able to evidence that appropriate training has been undertaken.
GDPR 2018 provisions
Where not specified previously in this policy, the following provisions will be in effect on or before 25 May 2018.
Privacy Notice – transparency of data protection
Being transparent and providing accessible information to individuals about how we will use their personal data is important to the Company. The following are details on how we collect data and what we will do with it:
What information is being collected?
We are collecting data via the contact form (name and email address) and the user/administrator/contributor login (name and email address).
What is the data being used for?
In relation to the contact form the data is only being transferred to a designated email address, it isn’t being stored on the site. For the user login the data is being used to either facilitate information to that person or to identify them.
Who is handling the data?
The Data Collection Officer, the website administrators and officers of the Company.
How is the data collected?
All data is obtained by being submitted through a form. No data will be obtained without notification that it is being stored or without permission to do so.
How and where is the data stored?
In relation to the contact form the data is being stored in the designated email’s mailbox. For the user login section the data is being stored in the website database.
Identity and contact details of any data controllers
The CDO is the sole administrator.
Conditions for processing
We will ensure any use of personal data is justified using at least one of the conditions for processing and this will be specifically documented. All officers who are responsible for processing personal data will be aware of the conditions for processing. The conditions for processing will be available to data subjects in the form of a privacy notice.
Justification for personal data
We will process personal data in compliance with all six data protection principles.
The data that we collect is subject to active consent by the data subject. This consent can be revoked at any time.
Upon request, a data subject should have the right to receive a copy of their data in a structured format. These requests should be processed within one month, provided there is no undue burden and it does not compromise the privacy of other individuals. A data subject may also request that their data is transferred directly to another system. This must be done for free.
Right to be forgotten
A data subject may request that any information held on them is deleted or removed, and any third parties who process or use that data must also comply with the request. An erasure request can only be refused if an exemption applies.
Privacy by design and default
Privacy by design is an approach to projects that promote privacy and data protection compliance from the start. The DCO will be responsible for conducting Privacy Impact Assessments and ensuring that all IT projects commence with a privacy plan.
When relevant, and when it does not have a negative impact on the data subject, privacy settings will be set to the most private by default.
International data transfers
No data may be transferred outside of the EEA without first discussing it with the DCO. Specific consent from the data subject must be obtained prior to transferring their data outside the EEA.
All officers have an obligation to report actual or potential data protection compliance failures.
This allows us to:
• Investigate the failure and take remedial steps if necessary
• Maintain a register of compliance failures
• Notify the Information Commissioner’s Office (ICO) of any compliance failures that are material either in their own right or as part of apattern of failures
The DCO has overall responsibility for this policy. He/She will monitor it regularly to make sure it is being adhered to.