This Policy sets out the obligations of Privacy Managed Ltd (“the Company”) regarding data protection and the rights of our clients (“data subjects”) in respect of their personal data under the General Data Protection Regulation (“the Regulation”).
The Regulation 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 out the procedures that are to be followed when dealing with personal data. The procedures and principles set out herein must be followed at all times by the Company and its employees.
Privacy Managed will never share your Personal Data. Neither will we post testimonials nor confirm or discuss our client relationship with other parties.
This Policy aims to ensure compliance with the Regulation. The Regulation sets out the following principles with which any party handling personal data must comply. All personal data must be:
Processed lawfully, fairly, and in a transparent manner in relation to the data subject;
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;
Adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
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 they are processed, is erased or rectified without delay;
Stored 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;
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.
The Regulation seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The Regulation states that processing of personal data shall be lawful if at least one of the following applies:
The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
Processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract;
Processing is necessary for compliance with a legal obligation to which the controller is subject;
Processing is necessary to protect the vital interests of the data subject or of another natural person;
Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Privacy Managed will only retain personal data for as long as we have a legitimate business or legal need. When there is no longer a legitimate need to retain the data, or when the data retention specified at the time of collection has expired, we will delete the data from our systems.
We use reasonable efforts to maintain the accuracy and integrity of personal data and to update it as appropriate. We employ safeguards to protect your personal data from loss, misuse, and unauthorised access, disclosure, alteration, or destruction. We also employ robust access restrictions, limiting the scope of persons who have access to Individual Personal Data to those who are engaged on our clients’ account.
The following personal data may be collected, held, and processed by the Company:
Name
Date of birth
Home address
Details of vehicles
Personal contact details for email/phone
Any other information pertaining to services provided by the Company
All personal information will be processed in line with the services outlined in our terms of engagement with the client and for no other purposes.
Data subjects may request that the Company deletes the personal data it holds about them in the following circumstances;
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;
The data subject wishes to withdraw their consent to the Company holding and processing their personal data;
The data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see Part 18 of this Policy for further details concerning data subjects’ rights to object);
The personal data has been processed unlawfully;
The personal data needs to be erased in order for the Company to comply with a particular legal obligation.
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 (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).
Privacy Managed shall carry out Privacy Impact Assessments when and as required under the Regulation. Privacy Impact Assessments shall be overseen by the Company’s Data Protection Lead and shall address the following areas of importance:
The purpose(s) for which personal data is being processed and the processing operations to be carried out on that data;
Details of the legitimate interests being pursued by the Company;
An assessment of the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
An assessment of the risks posed to individual data subjects; and
Details of the measures in place to minimise and handle risks including safeguards, data security, and other measures and mechanisms to ensure the protection of personal data, sufficient to demonstrate compliance with the Regulation.
The Regulation sets out the following rights applicable to data subjects:
The right to be informed;
The right of access;
The right to rectification;
The right to erasure (also known as the ‘right to be forgotten’);
The right to restrict processing;
The right to object;
Rights with respect to profiling.
Our clients may make a subject access request (“SAR”) at any time to find out more about the personal data which the Company holds about them. The Company is required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex and/or numerous requests, and in such cases the data subject shall be informed of the need for the extension).
All Subject Access Requests must be forwarded to the Company’s Data Protection Lead.
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.
All personal data breaches must be reported immediately to the Company’s Data Protection Lead.
If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the data protection lead must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
In the event that a personal data breach is likely to result in a higher risk than that described above, to the rights and freedoms of data subjects, the Data Protection Lead must ensure that all affected data subjects are informed of the breach directly and without undue delay.
Data breach notifications shall include the following information:
The categories and approximate number of data subjects concerned;
The categories and approximate number of personal data records concerned;
The name and contact details of the Company’s Data Protection Lead (or other contact point where more information can be obtained);
The likely consequences of the breach;
Details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.
If you have further questions around data protection, please email us;