DATA PROTECTION POLICY
This Policy sets out the obligations of Ideas for Ears Ltd (“the Company”) regarding data protection and the rights of it service users (“data subjects”) in respect of their personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
The GDPR 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 the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.
2. The Data Protection Principles
2.1 This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:
2.1.1 Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
2.1.2 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.
2.1.3 Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
2.1.4 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 it is processed, is erased, or rectified without delay.
2.1.5 Kept 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. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data subject.
2.1.6 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.
3. The Rights of Data Subjects
3.1 The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):
3.1.1 The right to be informed;
3.1.2 The right of access;
3.1.3 The right to rectification;
3.1.4 The right to erasure (also known as the ‘right to be forgotten’);
3.1.5 The right to restrict processing;
3.1.6 The right to data portability;
3.1.7 The right to object;
3.1.8 Rights with respect to automated decision-making and profiling.
4. Lawful, Fair, and Transparent Data Processing
4.1 The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The GDPR states that processing of personal data shall be lawful if at least one of the following applies:
4.1.1 The data subject has given consent to the processing of their personal data for one or more specific purposes;
4.1.2 The 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 with them;
4.1.3 The processing is necessary for compliance with a legal obligation to which the data controller is subject;
4.1.4 The processing is necessary to protect the vital interests of the data subject or of another natural person;
4.1.5 The 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 data controller; or
4.1.6 The processing is necessary for the purposes of the legitimate interests pursued by the data 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.
4.2 If the personal data in question is “special category data” (also known as “sensitive personal data”) (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation), at least one of the following conditions must be met:
4.2.1 The data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless EU or EU Member State law prohibits them from doing so);
4.2.2 The processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by EU or EU Member State law or a collective agreement pursuant to EU Member State law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);
4.2.3 The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
4.2.4 The data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects;
4.2.5 The processing relates to personal data which is clearly made public by the data subject;
4.2.6 The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;
4.2.7 The processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;
4.2.8 The processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of EU or EU Member State law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the GDPR;
4.2.9 The processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of EU or EU Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy); or
4.2.10 The processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the GDPR based on EU or EU Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
5. Specified, Explicit, and Legitimate Purposes
5.1 The Company collects and processes the personal data set out in the Company’s Privacy Notice. This includes:
5.1.1 Personal data collected directly from data subjects;
5.1.2 Personal data obtained from third parties.
5.2 The Company only collects, processes, and holds personal data for the specific purposes as set out in the Company’s Privacy Notice (or for other purposes expressly permitted by the GDPR).
5.3 Data subjects are kept informed at all times of the purpose or purposes for which the Company uses their personal data.
6. Adequate, Relevant, and Limited Data Processing
6.1 The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed).
7. Accuracy of Data and Keeping Data Up-to-Date
7.1 The Company shall endeavour to ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes the rectification of personal data at the request of a data subject.
7.2 The accuracy of personal data shall be checked when it is collected and at intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken to amend or erase that data, as appropriate.
8. Data Retention
8.1 The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
8.2 When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it.
8.3 For full details of the Company’s approach to data retention, including retention periods for specific personal data types held by the Company, please refer to our Data Retention Policy.
9. Secure Processing
9.1. The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided.
10. Data Subject Access
10.1 Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Company holds about them, what it is doing with that personal data, and why.
10.2 Data subjects wishing to make a SAR may do so in writing, using the Company’s Subject Access Request Form, or other written communication. SARs should be addressed to Ideas for Ears Ltd.
10.3 Responses to SARs shall normally be made within one month of receipt, however this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.
10.4 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.
11. Erasure of Personal Data
11.1 Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances:
11.1.1 It is no longer necessary for the Company to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;
11.1.2 The data subject wishes to withdraw their consent to the Company holding and processing their personal data;
11.1.3 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);
11.1.4 The personal data has been processed unlawfully;
11.1.5 The personal data needs to be erased in order for the Company to comply with a particular legal obligation.
11.2 Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with.
11.3 In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
12. Data Security – Transferring Personal Data and Communications
12.1 The Company shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:
12.1.1 All emails containing personal data in the body of the email will be encrypted by password protection;
12.1.2 All documents containing personal data will be encrypted by password protection before being transmitted;
12.1.3 All emails containing personal data in the body of the email, or within an encrypted attachment, will be marked “confidential”;
12.1.4 Personal data will be transmitted over secure networks;
12.1.5 Where personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data;
12.1.6 Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient; and
12.1.7 All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”.
13. Data Security – Storage
13.1 The Company shall ensure that the following measures are taken with respect to the storage of personal data:
13.1.1 `All electronic copies of personal data should be stored securely using password protected encryption;
13.1.2 All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar;
13.1.3 All personal data stored electronically should be backed up with backups stored onsite. All backups should be encrypted.
14. Data Security – Disposal
14.1 When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. For further information on the deletion and disposal of personal data, please refer to the Company’s Data Retention Policy.
15. Data Security – Use of Personal Data
15.1 The Company shall ensure that the following measures are taken with respect to the use of personal data:
15.1.1 No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Company requires access to any personal data that they do not already have access to, such access should be formally requested from Ideas for Ears;
15.1.2 Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time;
15.1.3 If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it.
16. Data Security – IT Security
16.1 The Company shall ensure that the following measures are taken with respect to IT and information security:
16.1.1 All passwords used to protect personal data should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols;
16.1.2 IT staff do not have access to passwords;
16.1.3 All software (including, but not limited to, applications and operating systems) shall be kept up-to-date and security-related updates will be activated as soon as reasonably and practically possible, unless there are valid technical reasons not to do so.
17. Organisational Measures
17.1 The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
17.1.1 All employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the GDPR and under this Policy, and shall be provided with a copy of this Policy;
17.1.2 Only employees, agents, sub-contractors, or other parties working on behalf of the Company that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Company;
17.1.3 All personal data held by the Company shall be reviewed periodically, as set out in the Company’s Data Retention Policy;
17.1.4 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of the GDPR and this Policy by contract;
17.1.5 Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
18. Implementation of Policy
18.1 This Policy shall be deemed effective as of 25th May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.