Privacy Policy
General Data Protection Regulation (UKGDPR)
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.
This policy does not form part of any employee’s contract
of employment and may be amended at any time.
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 outside of the EEA or 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, eg once a customer contract expires, will be removed from our
records.
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.
h. Require a quid
pro quo approach with all contracted customers in relation to any of the data
subject’s rights
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.
Should data protection
protocols and systems be breached then an organisation may face action from the
Information Commissioners office. Depending on the nature of an offence an
organisation may be fined 2% of annual turnover or 10 million euros, whichever
is higher or 4% of turnover or up to 20 million euros, whichever is higher.
13. Data Protection Officer (DPO)
Organisations that process a significant amount of personal
data require an individual to carry the responsibilities of a Data Protection
Officer. Terry Ivens – Finance Director carries the DPO responsibilities for
Intec. The responsibilities of Intec’s DPO are:
a. To ensure all staff undertake relevant training and are
kept updated on developments within Data Protection.
b. To undertake an annual audit on the effective application of
Intec’s processes and systems making recommendations for improvement.
c. To oversee the internal investigation of any data protection
breaches and produce suitable recommendations.
d. To act as
a point of reference for any liaison with the Information Commissioners Office.
e. To
assist, when necessary, all of our contracted customers with any compliance
audits.
f. To
report to all contracted customers any data breaches that occur within our
systems and to require a quid pro quo approach in this regard.
14. 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/DPO 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/DPO who assesses data compliance for assistance in difficult
situations.
15. 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.
SCHEDULE 1
DATA PROCESSING ACTIVITIES
|
Data
|
Lawful Basis
|
Recipient data is transferred to
|
Retention period
|
Reason for Processing Data
|
|
Learner
|
Consent
Contract
Legitimate Interest
|
Pellcomp
ESFA
City & Guilds
CMI
Highfield
First for Skills
|
5 Years
|
- Qualification Achievement
|
|
Employee
|
Consent
Contract
Legitimate Interest
|
People Pension
IT Supplier
Website Supplier
HMRC
|
5 Years
|
- Right to work in the UK
- HMRC
- Finance
- Employment Record
- Pension
- DBS
|
|
Apprenticeship Applicants
|
Consent
Legitimate Interest
|
Employer
|
5 Years
|
|
|
Software Training Delegates
|
Consent
Legitimate Interest
|
None
|
|
|
|
Job Applicants
|
Consent
Legitimate Interest
|
None
|
6 months (if direct applicants)
|
- Suitable location for role
- Suitability
|
|
Customers
|
Consent
Legitimate Interest
|
ESFA
CMI
City and Guilds
Highfield
First for Skills
|
Length of contract.
|
- Processing of Learner funding
|
|
Prospective Customers
|
Legitimate Interest
|
None
|
Indefinite (Cleansed ahead of awareness campaign)
|
|
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