Introduction

Green Man Stoves is committed to protecting the rights and freedoms of data subjects and safely and securely processing their data in accordance with all of our legal obligations. We hold personal data about our employees, clients, suppliers and other individuals for a variety of business purposes. This policy sets out how we seek to protect personal data and ensure that our staff understand the rules governing their use of the personal data to which they have access in the course of their work.

Definitions

Business purposes – the purposes for which personal data may be used by us: Personnel, administrative, financial, regulatory, payroll and business development purposes, and 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 service

Personal data – means any information relating to an identified or identifiable natural person (‘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. Personal data we gather may include: individuals’ name, telephone number(s), address, email address, educational background, financial and pay details, details of certificates and diplomas, education and skills, marital status, nationality, job title and CV.

Special categories of personal data – special categories of data include information 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, and genetic and biometric information —any use of special categories of personal data should be strictly controlled in accordance with this policy.

Data controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by law.

Data processor – a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Supervisory authority – the national body responsible for data protection. The supervisory authority for our organisation is the Information Commissioners Office.

Scope

This policy applies to all staff, who must be familiar with this policy and comply with its terms. it 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 data controller, Nicola Price has overall responsibility for the day-to-day implementation of this policy. You should contact Nicola Price for further information about this policy if necessary using info@greenmanstoves.co.uk

The Principles

Green Man Stoves shall comply with the principles of data protection (the Principles) enumerated in the EU General Data Protection Regulation. We will make every effort possible in everything we do to comply with these principles. The Principles are:

Lawful, fair & transparent.Data collection must be fair, for a legal purpose and we must be open and transparent as to how the data will be used.
Limited for its purpose. Data can only be collected for a specific purpose.
Data minimisation. Any data collected must be necessary and not excessive for its purpose.
Accurate. The data we hold must be accurate and kept up to date.
Retention. We cannot store data longer than necessary.
Integrity & confidentiality. The data we hold must be kept safe and secure.

Accountability and transparency

We must ensure accountability and transparency in all our use of personal data. We must show how we comply with each Principle. We are responsible for keeping a written record of how all the data processing activities we are responsible for comply with each of the Principles. This must be kept up to date and must be approved by the Data Controller. To comply with data protection laws and the Accountability and Transparency principle of GDPR, we must demonstrate compliance. We are responsible for understanding our particular responsibilities to ensure we meet the following data protection obligations to:

Fully implement all appropriate technical and organisational measures
Maintain up to date and relevant documentation on all processing activities
Conduct Data Protection Impact Assessments where appropriate
Implement measures to ensure privacy by design and default, including:
Data minimisation
Pseudonymisation
Transparency
Allowing individuals to monitor processing
Creating and improving security and enhanced privacy procedures on an ongoing basis

Our Procedures

Fair and lawful processing – We must process personal data fairly and lawfully in accordance with individuals’ rights under the first Principle. This generally means that we should not process personal data unless the individual whose details we are processing has consented to this happening. If we cannot apply a lawful basis (explained below), our processing does not conform to the first principle and will be unlawful. Data subjects have the right to have any data unlawfully processed erased

Controlling vs. Processing data – Green Man Stoves is classified as a data controller and a data processor. We must continue to maintain our assessment with the Information Commissioners Office to determine the necessity of registering with the ICO in order to continue lawfully controlling and processing data.

As data processors, data processing staff members must comply with our contractual obligations and act only on the documented instructions of the data controller. If data processing staff members at any point determine the purpose and means of processing without the instructions of the controller, data processing staff members shall be considered a data controller and therefore breach their contract with the controller and have the same liability as the controller. As a data processor, staff members must:

Not use a sub-processor without written authorisation of the data controller
Co-operate fully with the ICO or other supervisory authority
Ensure the security of the processing
Keep accurate records of processing activities
Notify the controller of any personal data breaches

If you are in any doubt about how we handle data, contact the Nicola Price at info@greenmanstoves.co.uk for clarification.

Lawful basis for processing data – We must establish a lawful basis for processing data. Ensuring that any data we are responsible for managing has a written lawful basis approved by the Data Controller. It is our responsibility to check the lawful basis for any data we are working with and ensure all of our actions comply the lawful basis. At least one of the following conditions must apply whenever we process personal data:

Consent – We hold recent, clear, explicit, and defined consent for the individual’s data to be processed for a specific purpose.
Contract – The processing is necessary to fulfil or prepare a contract for the individual.
Legal obligation – We have a legal obligation to process the data (excluding a contract).
Vital interests – Processing the data is necessary to protect a person’s life or in a medical situation.
Public function – Processing necessary to carry out a public function, a task of public interest or the function has a clear basis in law.
Legitimate interest – The processing is necessary for our legitimate interests. This condition does not apply if there is a good reason to protect the individual’s personal data which overrides the legitimate interest.

Deciding which condition to rely on – As a Data Processor, if we are making an assessment of the lawful basis, we must first establish that the processing is necessary. This means the processing must be a targeted, appropriate way of achieving the stated purpose. We cannot rely on a lawful basis if we can reasonably achieve the same purpose by some other means. More than one basis may apply, and we should rely on what will best fit the purpose, not what is easiest. We have considered the following factors:

What is the purpose for processing the data?
Can it reasonably be done in a different way?
Is there a choice as to whether or not to process the data?
Who does the processing benefit?
After selecting the lawful basis, is this the same as the lawful basis the data subject would expect?
What is the impact of the processing on the individual?
Are we in a position of power over them?
Are they a vulnerable person?
Would they be likely to object to the processing?
Are we able to stop the processing at any time on request, and have we factored in how to do this?

Our commitment to the first Principle requires us to document this process and show that we have considered which lawful basis best applies to each processing purpose, and fully justify these decisions. We must also ensure that individuals whose data is being processed by us are informed of the lawful basis for processing their data, as well as the intended purpose. This should occur via a privacy notice. This applies whether we have collected the data directly from the individual, or from another source. Where data processors are responsible for making an assessment of the lawful basis and implementing the privacy notice for the processing activity, this must be approved by the Data Controller.

Special categories of personal data – Previously known as sensitive personal data, this means data about an individual which is more sensitive, so requires more protection. This type of data could create more significant risks to a person’s fundamental rights and freedoms, for example by putting them at risk of unlawful discrimination. The special categories include information about an individual’s: race, ethnic origin, politics, religion, trade union membership, genetics, biometrics (where used for ID purposes), health, sexual orientation. In most cases where we process special categories of 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. The condition for processing special categories of personal data must comply with the law. If we do not have a lawful basis for processing special categories of data that processing activity will cease.

Responsibilities

Our responsibilities are to:
Analyse and document the type of personal data we hold
Check procedures to ensure they cover all the rights of the individual
Identify the lawful basis for processing data
Ensure consent procedures are lawful
Implement and review procedures to detect, report and investigate personal data breaches
Store data in safe and secure ways
Assess the risk that could be posed to individual rights and freedoms should data be compromised

Our responsibilities as a Data Processor are to:
Fully understand our data protection obligations
Check any data processing activities comply with our policy and are justified
Not use data in any unlawful way
Not store data incorrectly, be careless with it or otherwise cause us to breach data protection laws and our policies through our actions
Comply with this policy at all times
Raise any concerns, notify any breaches or errors, and report anything suspicious or contradictory to this policy or our legal obligations without delay

Responsibilities of the Data Controller
Keeping all staff and management 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, and other stakeholders
Responding to individuals such as clients and employees who wish to know which data is being held on them by us
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 Data Controller to ensure all marketing initiatives adhere to data protection laws and the company’s Data Protection Policy

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 any staff member believes that information is inaccurate the fact that the accuracy of the information is disputed should be recorded and the Data Controller informed.

Data security

All Data Processors must keep personal data secure against loss or misuse. Where other organisations process personal data as a service on our behalf, the Data Controller 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 will be kept in a secure place where unauthorised personnel cannot access it
Printed data will be incinerated when it is no longer needed
Data stored on a computer will be protected by strong passwords that are changed regularly. All staff will use a password manager to create and store their passwords.
Data stored on CDs or memory sticks will be encrypted or password protected and locked away securely when they are not being used
The Data Controller must approve any cloud used to store data
Servers containing personal data will be kept in a secure location, away from general office space
Data will be regularly backed up in line with the company’s backup procedures
Data will 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
All possible technical measures will be in place to keep data secure

Data retention
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. We must not transfer personal data abroad, or anywhere else outside of normal rules and procedures without express permission from the Data Controller.

Rights of individuals

Individuals have rights to their data which we must respect and comply with to the best of our ability. We must ensure individuals can exercise their rights in the following ways:

Right to be informed – Providing privacy notices which are concise, transparent, intelligible and easily accessible, free of charge, that are written in clear and plain language, particularly if aimed at children, Kkeping a record of how we use personal data to demonstrate compliance with the need for accountability and transparency.

Right of access – Enabling individuals to access their personal data and supplementary information and allowing individuals to be aware of and verify the lawfulness of the processing activities

Right to rectification – We must rectify or amend the personal data of the individual if requested because it is inaccurate or incomplete. This must be done without delay, and no later than one month. This can be extended to two months with permission from the DPO.

Right to erasure – We must delete or remove an individual’s data if requested and there is no compelling reason for its continued processing.

Right to restrict processing – We must comply with any request to restrict, block, or otherwise suppress the processing of personal data. We are permitted to store personal data if it has been restricted, but not process it further. We must retain enough data to ensure the right to restriction is respected in the future.

Right to data portability – We must provide individuals with their data so that they can reuse it for their own purposes or across different services. We must provide it in a commonly used, machine-readable format, and send it directly to another controller if requested.

Right to object – We must respect the right of an individual to object to data processing based on legitimate interest or the performance of a public interest task. We must respect the right of an individual to object to direct marketing, including profiling. We must respect the right of an individual to object to processing their data for scientific and historical research and statistics.

Rights in relation to automated decision making and profiling – We must respect the rights of individuals in relation to automated decision making and profiling. Individuals retain their right to object to such automated processing, have the rationale explained to them, and request human intervention.

Privacy, requests and rights

Privacy notices must be supplied at the time the data is obtained if obtained directly from the data subject. If the data is not obtained directly from the data subject, the privacy notice must be provided within a reasonable period of having obtained the data, which mean within one month. If the data is being used to communicate with the individual, then the privacy notice must be supplied at the latest when the first communication takes place. If disclosure to another recipient is envisaged, then the privacy notice must be supplied prior to the data being disclosed. Privacy notices must be concise, transparent, intelligible and easily accessible. They are provided free of charge and must be written in clear and plain language. The following information must be included in a privacy notice to all data subjects:

  • Identification and contact information of the data controller and the data protection officer
  • The purpose of processing the data and the lawful basis for doing so
  • The legitimate interests of the controller or third party, if applicable
  • The right to withdraw consent at any time, if applicable
  • The category of the personal data (only for data not obtained directly from the data subject)
  • Any recipient or categories of recipients of the personal data
  • Detailed information of any transfers to third countries and safeguards in place
  • The retention period of the data or the criteria used to determine the retention period, including details for the data disposal after the retention period
  • The right to lodge a complaint with the ICO, and internal complaint procedures
  • The source of the personal data, and whether it came from publicly available sources (only for data not obtained directly from the data subject)
  • Any existence of automated decision making, including profiling and information about how those decisions are made, their significances and consequences to the data subject
  • Whether the provision of personal data is part of a statutory of contractual requirement or obligation and possible consequences for any failure to provide the data (only for data obtained directly from the data subject)

Subject Access Request – An individual has the right to receive confirmation that their data is being processed, access to their personal data and supplementary information which means the information which should be provided in a privacy notice. We must provide an individual with a copy of the information the request, free of charge. This must occur without delay, and within one month of receipt. We endeavour to provide data subjects access to their information in commonly used electronic formats, and where possible, provide direct access to the information through a remote accessed secure system. If complying with the request is complex or numerous, the deadline can be extended by two months, but the individual must be informed within one month. We can refuse to respond to certain requests, and can, in circumstances of the request being manifestly unfounded or excessive, charge a fee. If the request is for a large quantity of data, we can request the individual specify the information they are requesting. Once a subject access request has been made, we must not change or amend any of the data that has been requested. Doing so is a criminal offence.

Data portability requests – We must provide the data requested in a structured, commonly used and machine-readable format. This would normally be a CSV file, although other formats are acceptable. We must provide this data either to the individual who has requested it, or to the data controller they have requested it be sent to. This must be done free of charge and without delay, and no later than one month. This can be extended to two months for complex or numerous requests, but the individual must be informed of the extension within one month.

Right to erasure – Individuals have a right to have their data erased and for processing to cease in the following circumstances:

  • Where the personal data is no longer necessary in relation to the purpose for which it was originally collected and / or processed
  • Where consent is withdrawn
  • Where the individual objects to processing and there is no overriding legitimate interest for continuing the processing
  • The personal data was unlawfully processed or otherwise breached data protection laws
  • To comply with a legal obligation
  • The processing relates to a child

We can only refuse to comply with a right to erasure in the following circumstances:

  • To exercise the right of freedom of expression and information
  • To comply with a legal obligation for the performance of a public interest task or exercise of official authority
  • For public health purposes in the public interest
  • For archiving purposes in the public interest, scientific research, historical research or statistical purposes
  • The exercise or defence of legal claims

If personal data that needs to be erased has been passed onto other parties or recipients, they must be contacted and informed of their obligation to erase the data. If the individual asks, we must inform them of those recipients.

The right to object – Individuals have the right to object to their data being used on grounds relating to their particular situation. We must cease processing unless:

  • We have legitimate grounds for processing which override the interests, rights and freedoms of the individual.
  • The processing relates to the establishment, exercise or defence of legal claims.

We must always inform the individual of their right to object at the first point of communication, i.e. in the privacy notice. We must offer a way for individuals to object online.

The right to restrict automated profiling or decision making – We may only carry out automated profiling or decision making that has a legal or similarly significant effect on an individual in the following circumstances:

  • It is necessary for the entry into or performance of a contract.
  • Based on the individual’s explicit consent.
  • Otherwise authorised by law.

In these circumstances, we must:

  • Give individuals detailed information about the automated processing.
  • Offer simple ways for them to request human intervention or challenge any decision about them.
  • Carry out regular checks and user testing to ensure our systems are working as intended.

Third parties

As a data controller and/or data processor, we must have written contracts in place with any third party data controllers and/or data processors that we use. The contract must contain specific clauses which set out our and their liabilities, obligations and responsibilities. As a data controller, we must only appoint processors who can provide sufficient guarantees under GDPR and that the rights of data subjects will be respected and protected. As a data processor, we must only act on the documented instructions of a controller. We acknowledge our responsibilities as a data processor under GDPR and we will protect and respect the rights of data subjects.

Contracts – Our contracts must comply with the standards set out by the ICO and, where possible, follow the standard contractual clauses which are available. Our contracts with data controllers and/or data processors must set out the subject matter and duration of the processing, the nature and stated purpose of the processing activities, the types of personal data and categories of data subject, and the obligations and rights of the controller.

At a minimum, our contracts must include terms that specify:

  • Acting only on written instructions
  • Those involved in processing the data are subject to a duty of confidence
  • Appropriate measures will be taken to ensure the security of the processing
  • Sub-processors will only be engaged with the prior consent of the controller and under a written contract
  • The controller will assist the processor in dealing with subject access requests and allowing data subjects to exercise their rights under GDPR
  • The processor will assist the controller in meeting its GDPR obligations in relation to the security of processing, notification of data breaches and implementation of Data Protection Impact Assessments
  • Delete or return all personal data at the end of the contract
  • Submit to regular audits and inspections, and provide whatever information necessary for the controller and processor to meet their legal obligations.
  • Nothing will be done by either the controller or processor to infringe on GDPR.

Criminal offence data

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. We cannot keep a comprehensive register of criminal offence data. All data relating to criminal offences is considered to be a special category of personal data and must be treated as such.

Audits, monitoring and training

Data audits – 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. You must conduct a regular data audit as defined by the DPO and normal procedures.

Monitoring – Everyone must observe this policy. The Data Controller has overall responsibility for this policy. Green Man Stoves will keep this policy under review and amend or change it as required. Data Processors must notify the Data Controller of any breaches of this policy. It must be complied with fully and at all times.

Training – Staff members will receive adequate training on provisions of data protection law specific for their role(s). Staff members must complete all training as requested. If a staff member moves role or responsibilities, they are responsible for requesting new data protection training relevant to their new role or responsibilities. If further additional training on data protection matters if required, contact the Data Controller.

Reporting breaches

Any breach of this policy or of data protection laws must be reported as soon as practically possible. This means as soon as you have become aware of a breach. Green Man Stoves has a legal obligation to report any data breaches to the ICO within 72 hours. 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 ICO of any compliance failures that are material either in their own right or as part of a pattern of failures

Any member of staff who fails to notify of a breach, or is found to have known or suspected a breach has occurred but has not followed the correct reporting procedures will be liable to disciplinary action.

Please refer to our GDPR Data Breach Policy for our reporting procedure.

Failure to comply – We take compliance with this policy very seriously. Failure to comply puts both the Data Processor and Green Man Stoves 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 Data Controller.

Date of review: 21st May 2018