We hold personal data about our employees, clients, suppliers and other individuals for a variety of business purposes. The personal data, which may be held on paper or on a computer or other media, is subject to certain legal safeguards which are set out in the General Data Protection Regulations (“GDPR”).
This policy sets out how we seek to protect personal data, comply with the GDPR and ensure that staff understand the rules governing their use of personal data to which they have access in the course of their work. In particular, this policy requires staff to ensure that the Privacy Manager be consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.
Information relating to identifiable individuals, such as job applicants, current and former employees, agency, contract and other staff, clients, suppliers and marketing contacts. Personal data we gather may include: individuals’ contact details, educational background, financial and pay details, details of certificates and diplomas, education and skills, marital status, nationality, job title, and CV.
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—any use of sensitive personal data should be strictly controlled in accordance with this policy.
The purposes for which personal data may be used by us: Personnel, administrative, financial, regulatory, payroll and business development purposes. Business purposes include the following: Compliance with our legal, regulatory and corporate governance obligations and good practice Gathering information as part of investigations by regulatory bodies or in connection with legal proceedings or requests Ensuring business policies are adhered to (such as policies covering email and internet use) Operational reasons, such as recording transactions, training and quality control, ensuring the confidentiality of commercially sensitive information, security vetting, credit scoring and checking Investigating complaints Checking references, ensuring safe working practices, monitoring and managing staff access to systems and facilities and staff absences, administration and assessments Monitoring staff conduct, disciplinary matters Marketing our business Improving services
This policy applies to all staff. You must be familiar with this policy and comply with its terms.
This policy supplements our 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 circulated to staff before being adopted.
Who is responsible for this policy?
As our Privacy Manager, Heydon Mizon has overall responsibility for the day-to-day implementation of this policy.
The GDPR – general principles
The GDPR sets out six key principles which govern how any organisation is allowed to process personal data. We will process personal data in compliance with these principles. Personal data will be:
Processed lawfully, fairly and in a transparent manner in relation to individuals.
Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
Accurate and, where necessary, kept up to date.
Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are 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.
Underpinning these is the principle of ‘accountability’. This requires us to be able to demonstrate compliance with each of the principles above.
Processing personal data
In the general principles section above, we refer to the principle that requires personal data to be processed fairly, lawfully and in a transparent manner.
A specific requirement of this principle is that we must provide detailed, specific information to data subjects about what we are doing with their personal data. Our notices must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a data subject can easily understand them.
Our Terms of Business contains a Privacy Notice that covers both client and employee data. The notice:
Sets out the purposes for which we hold personal data on customers and employees.
Highlights that our work may require us to give information to third parties such as expert witnesses and other professional adviser.
Provides that customers have a right of access to the personal data that we hold about them.
Identifying a condition for processing
Another specific requirement of the principle that requires personal data to be processed fairly, lawfully and in a transparent manner, is that we must be able to demonstrate that we have a lawful basis for the processing activity in question (known as a ‘condition 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 staff 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. In summary, they are as follows:
Personal data: consent of the data subject; necessary for the performance of a contract, legal obligation; the vital interests of the data subject; where it is in the public interest or our own legitimate interests; and
Sensitive personal data: explicit consent of the data subject; obligations in the field of employment, social security and social protection law; vital interests of the data subject; processing by not-for-profit bodies; personal data made manifestly public by the data subject; establishment, exercise or defence of legal claims; substantial public interest; preventative or occupational medicine; public health; research purposes.
Relying on consent
As set out above, one of conditions for processing is consent and this is important to consider, because we rely on consent for some important activities. For example, where we send marketing emails to customers, this will invariably be because we have asked and they have provided their consent.
Relying on explicit consent
In most cases where we process sensitive personal data we will require the data subject’s explicit consent to do this unless exceptional circumstances apply or we are required to do this by law (e.g. to comply with legal obligations to ensure health and safety at work). Any such consent will need to clearly identify what the relevant data is, why it is being processed and to whom it will be disclosed.
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 Privacy Manager.
Our procedures and other practical issues to be aware of
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 Privacy Manager so that they can update your records.
You must keep personal data secure against loss or misuse. Where other organisations process personal data as a service on our behalf, the Privacy Manager 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. We encourage all staff to use a password manager to create and store their passwords.
Data stored on CDs or memory sticks must be locked away securely when they are not being used.
The Privacy Manager must approve any cloud used to store data.
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 backup 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 retain personal data for no 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.
Transferring data internationally
There are restrictions on international transfers of personal data. You must not transfer personal data anywhere outside the UK without first consulting the Privacy Manager.
You should abide by any request from an individual not to use their personal data for direct marketing purposes and notify the Privacy Manager about any such request.
Do not send direct marketing material to someone electronically (e.g. via email) unless you have an existing business relationship with them in relation to the services being marketed.
Please contact the Privacy Manager for advice on direct marketing before starting any new direct marketing activity.
All staff will receive training on this policy. New joiners will receive training as part of the induction process. Further training will be provided at least every two years or whenever there is a substantial change in the law or our policy and procedure.
Training is provided through an in-house seminar or directly with the Privacy Manager, on a regular basis.
It will cover:
The law relating to data protection.
Our data protection and related policies and procedures.
Criminal record checks
Any criminal record checks are justified by law. Criminal record checks cannot be undertaken based solely on the consent of the subject.
Privacy by design and default
Privacy by design is an approach to projects that promote privacy and data protection compliance from the start. The Privacy Manager 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.
Data audit and register
Regular data audits to manage and mitigate risks will inform the data register. This contains information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention timescales that may be relevant.
All members of staff 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 Supervisory Authority (SA) of any compliance failures that are material either in their own right or as part of a pattern of failures.
Everyone must observe this policy. The Privacy Manager has overall responsibility for this policy. They will monitor it regularly to make sure it is being adhered to.
Responsibilities of the Privacy Manager:
Keeping the board updated about data protection responsibilities, risks and issues.
Reviewing all data protection procedures and policies on a regular basis.
Arranging data protection training and advice for all staff members and those included in this policy.
Answering questions on data protection from staff, board members and other stakeholders.
Responding to individuals such as clients and employees who wish to know which data is being held on them by McMullen & Sons Ltd.
Checking and approving with third parties that handle the company’s data any contracts or agreement regarding data processing.
Responsibilities of the IT Manager
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.
Responsibilities of the Marketing Manager
Approving data protection statements attached to emails and other marketing copy.
Addressing data protection queries from clients, target audiences or media outlets.
Coordinating with the Privacy Manager to ensure all marketing initiatives adhere to data protection laws and the company’s Data Protection Policy.
Responsibilities of all staff
As well as the specific responsibilities of the individuals mentioned above, all individual staff members should:
Be aware of our responsibilities and obligations, which should include following the guidelines set out in this policy.
Keep confidential any personal data held by us, including relating to customers and individuals from other entities (such as other employees, vendors, clients).
Enter records accurately and update records on becoming aware of any inaccuracy.
Refrain from recording details and opinions of a racial, political, religious or sexual nature, or comments on physical or mental health, unless these details are strictly necessary for carrying out our work.
Not remove personal data from the work-place, unless there is a legitimate reason for doing so and you are able to keep such data secure.
Under the GDPR individuals are able to exercise various rights in relation to their personal data.
Subject access requests
One of the most far reaching of these rights is right of access under the right of access (commonly known as a Subject Access Request or “SAR”) individuals are entitled to require us to provide a copy of the personal data we hold about them along with certain information about how such data is processed.
If you receive a subject access request, you should refer that request immediately to the Privacy Manager. We may ask you to help us comply with those requests.
Please contact the Privacy Manager 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.
Individuals also have the following rights:
Right to be informed – data subjects have the right to know the identity of the data controller, the reason for processing and any other information which ensures that their data is processed in a way that is fair and transparent.
Right to rectification – data subjects are entitled to require data controllers to correct any errors in their personal data.
Right to erasure – data subjects are entitled to require a controller to delete their personal data if the continued processing of that data is not justified (commonly known as the ‘right to be forgotten’). If we receive a right to erasure request it must comply where the ground for processing the personal data is the individual’s consent (and there are no other grounds (for example, legitimate business interest) for processing the data) or, more generally, where the personal data is no longer needed for the purpose for which it was collected or is now being used.
Right to restrict processing – data subjects may, in certain circumstances, be able to limit the purposes for which a data controller processes their data.
Right to data portability – data subjects have the right to transfer their personal data between controllers (e.g. to move account details from one entity to another).
Right to object – there are certain situations in which data subjects may be able to object to the processing of their data, this will only apply where the controller’s basis for processing the data is either public interest or legitimate interest. Notwithstanding this, if an individual objects to processing for direct marketing purposes (i.e. they object to us sending marketing emails, mailshots etc) then the right to object is absolute.
Right to not be evaluated on the basis of automated processing – data subjects have the right not to be evaluated in any material sense (e.g. in connection with discount offers) solely on the basis of automated processing of their personal data.
Keeping records of our data
As part of our obligations under the GDPR, we will maintain records of our data processing.
An example of the level of detail covered in these records is shown below. If you are responsible for processing data about a particular category of individuals, you may have your duty to help keep these records up to date. If you have any questions, please contact the Privacy Manager.
What information is being collected?
Employee data, Guest data
Who is collecting it?
HR/Payroll, Marketing, Pubs
How is it collected?
Payroll uses S4 to collate and record employee information. The information is input (predominantly) by Pub managers. This is passed to an internal system Earnie. Marketing Dept. and Pubs canvas guests for limited personal information for marketing purposes via email, online and sign-up cards in pubs
Why is it being collected?
Employee records and pay Marketing
How will it be used?
Internal use only
Who will it be shared with?
Identity and contact details of any data controllers
Details of transfers to third country and safeguards
None. The systems are password protected
Consequences of failing to comply
We take compliance with this policy very seriously. Failure to comply puts both you and the organisation at risk.
The importance of this policy means that failure to comply with any requirement may lead to disciplinary action under our procedures which may result in dismissal.
If you have any questions or concerns about anything in this policy, do not hesitate to contact the Privacy Manager.