This Policy sets out the obligations of the Company regarding data protection and the rights of employees,
officers, directors and candidates or job applicants (“data subjects”) in respect of their personal data under
the EU 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, its employees, agents,
contractors, or other parties working on behalf of the Company.
The Company is committed not only to the letter of the law, but also to the spirit of the law and places high
importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy,
and trust of all individuals with whom it deals.
The Data Protection Principles
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:
a) processed lawfully, fairly, and in a transparent manner in relation to the data subject;
b) 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;
c) adequate, relevant and limited to what is necessary in relation to the purposes for which it is
d) 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;
e) 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 Regulation in order to safeguard
the rights and freedoms of the data subject;
f) 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.
Lawful, Fair, and Transparent Data Processing
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:
a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
b) 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;
c) processing is necessary for compliance with a legal obligation to which the controller is subject;
d) processing is necessary to protect the vital interests of the data subject or of another natural person;
e) 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;
f) 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.
Processed for Specified, Explicit and Legitimate Purposes
4.1 The Company collects and processes the personal data set out in Part 21 of this Policy. This may include personal data received directly from data subjects (for example, contact details used when
a data subject communicates with us) and data received from third parties (for example, candidate or job applicant information received from “job boards” or other third party data suppliers).
4.2 The Company only processes personal data for the specific purposes set out in Part 21 of this Policy (or for other purposes expressly permitted by the Regulation). The purposes for which we process personal data will be informed to data subjects at the time that their personal data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.
Adequate, Relevant and Limited Data Processing
The Company will only collect and process personal data for and to the extent necessary for the specific purpose(s) informed to data subjects as under Part 4, above.
Accuracy of Data and Keeping Data Up To Date
The Company shall ensure that all personal data collected and processed is kept accurate and up-to-date. The accuracy of data shall be checked when it is collected and at regular intervals thereafter. Where any inaccurate or out-of-date data is found, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
The Company shall not keep personal data for any longer than is necessary in light of the purposes for which that data was originally collected and processed. When the data is no longer required, all reasonable steps will be taken to erase it without delay.
The Company shall ensure that all personal data collected and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Further details of the data protection and organisational measures which shall be taken are provided in Parts 22 and 23 of this Policy.
9.1 The Company will appoint a data protection officer, whose identity will be confirmed by the Company’s directors upon request (“the Data Protection Officer”).
9.2 The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
a) The name and details of the Company, its Data Protection Officer, and any applicable third party data controllers;
b) The purposes for which the Company processes personal data;
c) Details of the categories of personal data collected, held, and processed by the Company; and the categories of data subject to which that personal data relates;
d) Details (and categories) of any third parties that will receive personal data from the Company;
e) Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;
f) Details of how long personal data will be retained by the Company; and
g) Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.
Privacy Impact Assessments
The Company 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 officer and shall address the following areas of importance:
10.1 The purpose(s) for which personal data is being processed and the processing operations to be carried out on that data;
10.2 Details of the legitimate interests being pursued by the Company;
10.3 An assessment of the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
10.4 An assessment of the risks posed to individual data subjects; and
10.5 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 Rights of Data Subjects
The Regulation sets out the following rights applicable to data subjects:
a) The right to be informed;
b) The right of access;
c) The right to rectification;
d) The right to erasure (also known as the ‘right to be forgotten’);
e) The right to restrict processing;
f) The right to data portability;
g) The right to object;
h) Rights with respect to automated decision-making and profiling.
Keeping Data Subjects Informed
12.1 The Company shall ensure that the following information is provided to every data subject when personal data is collected:
a) Details of the Company including, but not limited to, the identity of the Data Protection Officer (or any replacement);
b) The purpose(s) for which the personal data is being collected and will be processed (as detailed in Part 21 of this Policy) and the legal basis justifying that collection and processing;
c) Where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;
d) Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
e) Where the personal data is to be transferred to one or more third parties, details of those parties;
f) Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place (see Part 24 of this Policy for further details concerning such third country data transfers);
g) Details of the length of time the personal data will be held by the Company (or, where there is no pre-determined period, details of how that length of time will be determined);
h) Details of the data subject’s rights under the Regulation;
i) Details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time;
j) Details of the data subject’s right to complain to the Information Commissioner’s Office (the ‘supervisory authority’ under the Regulation);
k) Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it;
l) Details of any automated decision-making that will take place using the personal data (including but not limited to profiling), including information on how decisions will be made, the significance of those decisions and any consequences.
12.2 The information set out above in Part 12.1 shall be provided to the data subject at the following applicable time:
12.2.1 Where the personal data is obtained from the data subject directly, at the time of collection;
12.2.2 Where the personal data is not obtained from the data subject directly (i.e. from another
a) If the personal data is used to communicate with the data subject, at the time of the first communication; or
b) If the personal data is to be disclosed to another party, before the personal data is disclosed;
c) In any event, not more than one month after the time at which the Company obtains the personal data.
Data Subject Access
13.1 A data subject 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 normally 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).
13.2 All subject access requests received must be forwarded to the Data Protection Officer. S/he can be contacted via email at an email address or on a telephone number available that will be provided
by the directors upon request.
13.3 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.
Rectification of Personal Data
14.1 If a data subject informs the Company that personal data held by the Company is inaccurate or incomplete, requesting that it be rectified, the personal data in question shall be rectified, and the data subject informed of that rectification, within one month of receipt the data subject’s notice
(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).
14.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification of that personal data.