Introduction
Access 2 Funding Specialists Limited hold personal data about our employees, clients, suppliers, and other individuals for a variety of purposes.
This policy sets out how we seek to protect personal data 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 Chief Operating Officer, Dawn Coker be consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.
Definitions
Business Purposes:
The purpose 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
Personal Data:
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 det ail s, 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 opinion s, 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.
Scope
This policy applies to all staff. You must be familiar with this policy and comply with its terms.
This policy supplement s 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 all staff.
Who is responsible for this policy?
Our organisation does not require a Data Protection officer, due to the size of the company and the low levels of data processing. Director, Dawn Coker has overall responsibility for the day-to-day implementation of this policy.
Our Procedures
Fair and lawful processing
We must process personal data fairly and lawful in accordance with individuals' rights. This generally means that we should not process personal data unless the individual whose details we are processing has consented to this happening.
Responsibilities of Dawn Coker:
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 who wish to know which data is being held on them by Access 2 Funding Specialists Limited
Checking and approving third parties that handle the company's data, contracts or agreements 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 to store or process data
Responsibilities of the Leadership Team:
Approving data protection statements attached to emails and other marketing copy
Addressing data protection queries from clients, target audiences or media outlets
Coordinating with Chief Operating Officer, Dawn Coker to ensure all marketing initiatives adhere to data protection laws and the company's Data Protection Policy
The processing of all data must be:
Necessary to deliver our services
In our legitimate interests and not unduly prejudice the individual's privacy
In most cases this provision will apply to routine business data processing activities Our terms of business contains a Privacy Notice to clients on data protection.
Our terms of business contains a Privacy Notice to clients on data protection.
The Notice:
Sets out the purpose for which we hold personal data on clients and employees
Highlights that our work may require us to give information to third parties such as Contract holders other professional advisers
States that clients have the right of access to the personal data that we hold about them
Sensitive personal data:
In most cases where we process sensitive personal data we will require the data sub je ct' 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 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 except 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 Chief Operating Officer Dawn Coker.
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 relevant person responsible for processing the information or Dawn Coker.
Data security
You must keep personal data secure against loss or misuse. Where other organisations process personal data as a service on our behalf, Dawn Coker 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
Dawn Coker must approve any cloud use d 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 and strong firewall.
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 contract data retention guidelines.
Transferring data internationally
There are restrictions on international transfers of data. You must not transfer personal data anywhere outside the UK without first consulting Dawn Coker.
Subject access requests
Please note that under the Data Protection Act 1998, individuals are entitled, subject to certain exceptions, to request access to information held about them.
If you receive a subject access request, you should refer that request immediately to Dawn Coker We may ask you to help us to comply with those requests.
Please contact Dawn Coker 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.
Processing data in accordance with the individual's rights
You should abide by any request from an individual not to use their personal data for direct marketing purposes and notify Dawn Coker 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 Dawn Coker for advice on direct marketing before starting any new direct marketing activity.
Training
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 inhouse workshop on a regular basis.
It will cover:
The law relating to data protection
Our data protection and related policies and procedures
Completion of training is compulsory.
GDPR provisions
Where not specified previously in this policy, the following provisions will be in effect on or before 25th May 2018.
Privacy Notice - Transparency of data protection
Being transparent and providing accessible information to individuals about how we will use their data is important for our organisation. The following are details on how we collect data and what we will do with it:
What information is being collected?
Who is collecting it? How is it collected?
Why is it being collected? How will it be used?
Who will it be shared with?
Identity and contact details of ant data controllers.
Details of transfers to third country and safeguards.
Retention period.
Conditions 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.
Justification for personal data
We will process data in compliance with all eight protection principles:
1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless-
(a) at least one of the conditions in Schedule 2 is met, and
(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
4. Personal data shall be accurate and, where necessary, kept up to date.
5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6. Personal data shall be processed in accordance with the rights of data subjects under this Act.
7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data
We will document the additional justification for the processing of sensitive data.
Consent
We routinely collect data which is subject to active consent by the data subject. This consent can be revoked at any time.
Access 2 Funding Specialists Limited understands "consent" to mean that the data subject has been fully informed of the intended processing and has signified their agreement, whilst being in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing. There must be some active communication between the parties such as signing a form and the individual must sign the form freely of their own accord. Consent cannot be inferred from non response to a communication. For sensitive data, explicit consent of data subjects must be obtained unless an alternative legitimate basis for processing exists.
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.
Data portability
Upon request, a data subject should have the right to receive a copy of their data in a structured format. These requests should be processed within one calendar month, provided there is no undue burden and it does not compromise the privacy of other individuals. A data subject may also request that their data is transferred directly to another system. This must be done for free.
Right to be forgotten
A data subject may request that any information on them is deleted or removed, and any third parties who process or use that data must also comply with the request. An erasure request can only be refused if an exemption applies.
Privacy by design and default
Privacy by design is an approach to projects that promote privacy and data protection compliance from the start. Dawn Coker will be responsible in 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.
International data transfers
No data may be transferred outside of the EEA without first discussing it with Dawn Coker. Specific consent from the data subject must be obtained prior to transferring their data outside the EEA.
Data audits 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.
Reporting breaches
Breaches of personal or sensitive data shall be notified immediately to the individual(s) concerned and the Information Commissioners Office (ICO) https://ico.org.uk/ within 72hrs.
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 either in there own right or as part of a pattern of failures
Retention and disposal of data
We discourage the retention of personal data for longer than it is required. Data is collected on current staff and clients. However once a member of staff or a client has left the organisation and its services, it will not be necessary to retain all the information held on them. Some data will be kept for longer periods than others.
Learners
In general, we hold electronic learner records containing information about individual learners. Information will typically include name and address on entry and completion, programmes taken, examination results, awards obtained etc. Departments should regularly review the personal files of individual learners in accordance with contract retention schedule.
Staff
In general, we hold electronic staff records containing information about individual members of staff. Information will typically include name and address, positions held, etc... Other information relating to individual members of staff will be kept by personnel for 6 years from the end of employment. Information relating to Income tax, Statutory Maternity Leave Pay etc will be retained for the statutory time period (between 3 to 6 Years).
Departments should regularly review the personal fi les of individual staff members in accordance with relevant record retention schedule.
Information relating to unsuccessful applicants in connection with recruitment to a post must be kept for 12 months from the interview date.
Disposal of records
Personal data must be disposed of in a way that protects the rights and privacy of data subjects (e.g. shredding, disposal as confidential waste, secure electronic deletion).
All data shall be destroyed or eradicated to agreed levels meeting recognised national standards, with confirmation at completion of disposal process.
Disposal of IT assets holding data shall be in compliance with ICO guidance.
Monitoring
Everyone must observe this policy, Dawn Coker has overall responsibility for this policy. It will be monitored regularly to make sure it is being adhered to.
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 Dawn Coker.