Privacy Policy
General Data Protection Regulation
1. Policy
Statement
Every day our business will receive, use and store
personal information about our customers, learners and colleagues. It is
important that this information is handled lawfully and appropriately in line
with the requirements of the Data Protection Act 2018 and the General Data
Protection Regulation (collectively referred to as the ‘Data Protection
Requirements’).
We take our data protection duties seriously, because we
respect the trust that is being placed in us to use personal information
appropriately and responsibly.
2. About
This Policy
This policy, and any other documents referred to in it,
sets out the basis on which we will process any personal data we collect.
The Managing Director is responsible for ensuring
compliance with the Data Protection Requirements and with this policy. Any
questions about the operation of this policy or any concerns that the policy
has not been followed should be referred in the first instance to the Finance
Director or reported in line with the organisation’s Whistleblowing Policy or
Grievance Policy.
3. What
is Personal Data?
Personal data means data (whether
stored electronically or paper based) relating to a living individual who can
be identified directly or indirectly from that data (or from that data and
other information in our possession).
Processing is any activity that
involves use of personal data. It includes obtaining, recording or holding the
data, organising, amending, retrieving, using, disclosing, erasing or
destroying it. Processing also includes transferring personal data to third
parties.
Sensitive personal
data
includes personal data about a person’s racial or ethnic origin, political
opinions, religious or philosophical beliefs, trade union membership, genetic,
biometric, physical or mental health condition, sexual orientation or sexual
life. It can also include data about criminal offences or convictions.
Sensitive personal data can only be processed under strict conditions,
including with the consent of the individual.
4. Data
Protection Principles
Anyone processing personal data, must ensure that data
is:
a.
Processed fairly,
lawfully and in a transparent manner.
b.
Collected for
specified, explicit and legitimate purposes and any further processing is
completed for a compatible purpose.
c.
Adequate, relevant
and limited to what is necessary for the intended purposes.
d.
Accurate, and where
necessary, kept up to date.
e.
Kept in a form
which permits identification for no longer than necessary for the intended
purposes.
f.
Processed in line
with the individual’s rights and 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.
g.
Not transferred to
people or organisations situated in countries without adequate protection and
without firstly having advised the individual.
5. Fair
and Lawful Processing
The Data Protection Requirements are not intended to
prevent the processing of personal data, but to ensure that it is done fairly
and without adversely affecting the rights of the individual.
In accordance with the Data Protection Requirements, we
will only process personal data where it is required for a lawful purpose. The
lawful purposes include (amongst others): whether the individual has given
their consent, the processing is necessary for performing a contract with the
individual, for compliance with a legal obligation, or for the legitimate
interest of the business. When sensitive personal data is being processed,
additional conditions must be met.
6. Processing
for Limited Purposes
In the course of our business, we may collect and process
the personal data set out in the Schedule 1. This may include data we receive directly
from a data subject (for example, by completing forms or by corresponding with
us by mail, phone, email or otherwise) and data we receive from other sources
(including, for example, location data, business partners, sub-contractors in
technical, payment and delivery services, credit reference agencies and
others).
We will only process personal data for the specific
purposes set out in the Schedule 1 or for any other purposes specifically
permitted by the Data Protection Requirements. We will notify those purposes to
the data subject when we first collect the data or as soon as possible
thereafter.
7. Notifying Individuals
If we collect personal data directly from an individual,
we will inform them about:
a.
The purpose or
purposes for which we intend to process that personal data, as well as the
legal basis for the processing.
b.
Where we rely upon
the legitimate interests of the business to process personal data, the
legitimate interests pursued.
c.
The types of third
parties, if any, with which we will share or disclose that personal data.
d.
The fact that the
business intends to transfer personal data to a non-EEA country or
international organisation and the appropriate and suitable safeguards in
place.
e.
How individuals can
limit our use and disclosure of their personal data.
f.
Information about
the period that their information will be stored or the criteria used to
determine that period.
g.
Their right to request
from us as the controller access to and rectification or erasure of personal
data or restriction of processing.
h.
Their right to
object to processing and their right to data portability.
i.
Their right to
withdraw their consent at any time (if consent was given) without affecting the
lawfulness of the processing before the consent was withdrawn.
j.
The right to lodge
a complaint with the Information Commissioners Office.
k.
Other sources where
personal data regarding the individual originated from and whether it came from
publicly accessible sources.
l.
Whether the
provision of the personal data is a statutory or contractual requirement, or a
requirement necessary to enter into a contract, as well as whether the
individual is obliged to provide the personal data and any consequences of
failure to provide the data.
m.
The existence of
automated decision-making, including profiling and meaningful information about
the logic involved, as well as the significance and the envisaged consequences
of such processing for the individual.
If we receive personal data about an individual from
other sources, we will provide them with this information as soon as possible
(in addition to telling them about the categories of personal data concerned)
but at the latest within 1 month. An
example of where this may happen is where the ESFA may transfer learners to us.
We will also inform data subjects whose personal data we
process that we are the data controller with regard to that data and our
contact details are 01788 575090 and
who oversees data control compliance.
8. Adequate,
Relevant and Non-excessive Processing
We will only collect personal data to the extent that it
is required for the specific purpose notified to the data subject.
9. Accurate
Data
We will ensure that personal data we hold is accurate and
kept up to date. We will check the accuracy of any personal data at the point
of collection and at regular intervals afterwards. We will take all reasonable
steps to destroy or amend inaccurate or out-of-date data.
10. Timely
Processing
We will not keep personal data longer than is necessary
for the purpose or purposes for which it was collected. We will take all
reasonable steps to destroy, or erase from our systems, all data which is no
longer required.
11. Processing
in line with Data Subject’s Rights
We will process all personal data in line with data
subjects’ rights, in particular their right to:
a.
Confirmation as to
whether or not personal data concerning the individual is being processed.
b.
Request access to
any data held about them by a data controller (see also Clause 15 Subject Access Requests).
c.
Request
rectification, erasure or restriction on processing of their personal data.
d.
Lodge a complaint
with a supervisory authority.
e.
Data portability.
f.
Object to
processing including for direct marketing.
g.
Not be subject to
automated decision making including profiling in certain circumstances.
12. Data
Security
We will take appropriate security measures against
unlawful or unauthorised processing of personal data, and against the
accidental or unlawful destruction, damage, loss, alteration, unauthorised
disclosure of or access to personal data transmitted, stored or otherwise
processed.
We will put in place procedures and technologies to
maintain the security of all personal data from the point of the determination
of the means for processing and point of data collection to the point of
destruction. Personal data will only be transferred to a data processor if he
agrees to comply with those procedures and policies, or if he puts in place
adequate measures himself.
We will maintain data security by protecting the
confidentiality, integrity and availability of the personal data, defined as
follows:
a.
Confidentiality means that only people who are authorised to use the data can access
it.
b.
Integrity means that
personal data should be accurate and suitable for the purpose for which it is
processed.
c.
Availability means that
authorised users should be able to access the data if they need it for
authorised purposes. Personal data should therefore be stored on the Company’s central
computer system instead of individual PCs.
Security procedures include:
a.
Entry controls. Any stranger seen in reception areas should be attended to immediately.
b.
Secure lockable desks and cupboards. Desks and cupboards should be kept locked if they hold
confidential information of any kind. (Personal information is always
considered confidential.)
c.
Data minimisation.
d.
Pseudonymisation and encryption of data. Please see Intec’s encryption guidance document.
e.
Methods of disposal. Paper documents should be shredded. Digital storage devices should be
physically destroyed when they are no longer required by HR.
f.
Equipment. Staff must
ensure that individual monitors do not show confidential information to
passers-by and that they log off from their PC when it is left unattended. Password protection should be used for all
mobile devices.
13. Subject
Access Requests
Individuals must make a formal request for information we
hold about them. Employees who receive a request should forward it to Terry
Ivens – Finance Director immediately.
When receiving telephone enquiries, we will only disclose
personal data we hold on our systems if the following conditions are met:
a.
We will check the
caller’s identity to make sure that information is only given to a person who
is entitled to it.
b.
We will suggest
that the caller put their request in writing if we are not sure about the
caller’s identity and where their identity cannot be checked.
Where a request is made electronically, data will be
provided electronically where possible.
Our employees will refer a request to their line manager the
Finance Director who assesses data compliance for assistance in difficult
situations.
14. Changes
to this Policy
We reserve the right to change this policy at any time.
Where appropriate, we will notify changes by mail or email.
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