Privacy Policy
Introduction
This Policy sets out the obligations of Eden Assistants, (“the Company”) regarding
data protection and the rights of its clients and customers, (“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.
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.
2. The Data Protection Principles
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 Processed lawfully, fairly, and in a transparent manner in relation to the data
subject.
2.2 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.
2.3 Adequate, relevant, and limited to what is necessary in relation to the purposes
for which it is processed.
2.4 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.
2.5 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.
2.6 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
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 The right to be informed (Part 12).
3.2 The right of access (Part 13);
3.3 The right to rectification (Part 14);
3.4 The right to erasure (also known as the ‘right to be forgotten’) (Part 15);
3.5 The right to restrict processing (Part 16);
3.6 The right to data portability (Part 17);
3.7 The right to object (Part 18); and
3.8 Rights with respect to automated decision-making and profiling (Parts 19 and
20).
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.
5. Specified, Explicit, and Legitimate Purposes
5.1 The Company collects and processes the personal data set out in Part 21 of this
Policy. This includes:
5.1.1 Personal data collected directly from data subjects; and
5.1.2 Personal data obtained from third parties.
5.2 The Company only collects, processes, and holds personal data for the specific
purposes set out in Part 21 of this Policy (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. Please refer to Part 12 for more
information on keeping data subjects informed.
6. 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 or purposes of which data subjects have been
informed (or will be informed) as under Part 5, above, and as set out in Part 21,
below.
7. Accuracy of Data and Keeping Data Up-to-Date
7.1 The Company shall ensure that all personal data collected, processed, and held
by it is kept accurate and up-to-date. This includes, but is not limited to, the
rectification of personal data at the request of a data subject, as set out in Part
14, below.
7.2 The accuracy of personal data shall be checked when it is collected and at
annual intervals thereafter. If any personal data is found to be inaccurate or
out-of-date, all reasonable steps will be taken without delay to amend or erase
that data, as appropriate.
8. Data Retention
8.1 Eden Assistants will process personal data during the duration of the contract
and will continue to store only the personal data needed for 12 months after
the contract has expired to meet any legal obligations. After 12 months any
personal data not required will be deleted.
9. Secure Processing
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 in Parts 22 to 27 of this
Policy.
10. Accountability and Record-Keeping
10.1 The Company’s Data Protection Officer is Grace Robinson of Flat 17, 80 Park
Lane, Croydon, CR01JE.
10.2 The Data Protection Officer shall be responsible for overseeing the
implementation of this Policy and for monitoring compliance with this Policy,
the Company’s other data protection-related policies, and with the GDPR and
other applicable data protection legislation.
10.3 The Company shall keep written internal records of all personal data
collection, holding, and processing, which shall incorporate the following
information:
10.3.1 The name and details of the Company, its Data Protection Officer, and
any applicable third-party data processors;
10.3.2 The purposes for which the Company collects, holds, and processes
personal data;
10.3.3 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;
10.3.4 Details of any transfers of personal data to non-EEA countries
including all mechanisms and security safeguards;
10.3.5 Details of how long personal data will be retained by the Company
(please refer to the Company’s Data Retention Policy); and
10.3.6 Detailed descriptions of all technical and organisational measures taken
by the Company to ensure the security of personal data.
11. Data Protection Impact Assessments
11.1 The Company shall carry out Data Protection Impact Assessments for any and
all new projects and/or new uses of personal data which involve the use of new
technologies and the processing involved is likely to result in a high risk to the
rights and freedoms of data subjects under the GDPR.
11.2 Data Protection Impact Assessments shall be overseen by the Data Protection
Officer and shall address the following:
11.2.1 The type(s) of personal data that will be collected, held, and processed;
11.2.2 The purpose(s) for which personal data is to be used;
11.2.3 The Company’s objectives;
11.2.4 How personal data is to be used;
11.2.5 The parties (internal and/or external) who are to be consulted;
11.2.6 The necessity and proportionality of the data processing with respect to
the purpose(s) for which it is being processed;
11.2.7 Risks posed to data subjects;
11.2.8 Risks posed both within and to the Company; and
11.2.9 Proposed measures to minimise and handle identified risks.
12. Keeping Data Subjects Informed
12.1 The Company shall provide the information set out in Part 12.2 to every data
subject:
12.1.1 Where personal data is collected directly from data subjects, those data
subjects will be informed of its purpose at the time of collection; and
12.1.2 Where personal data is obtained from a third party, the relevant data
subjects will be informed of its purpose:
a) if the personal data is used to communicate with the data subject, when
the first communication is made; or
b) if the personal data is to be transferred to another party, before that
transfer is made; or
c) as soon as reasonably possible and in any event not more than one
month after the personal data is obtained.
12.2 The following information shall be provided:
12.2.1 Details of the Company including, but not limited to, the identity of its
Data Protection Officer;
12.2.2 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;
12.2.3 Where applicable, the legitimate interests upon which the Company is
justifying its collection and processing of the personal data;
12.2.4 Where the personal data is not obtained directly from the data subject,
the categories of personal data collected and processed;
12.2.5 Where the personal data is to be transferred to one or more third
parties, details of those parties;
12.2.6 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 28 of this Policy for further details);
12.2.7 Details of data retention;
12.2.8 Details of the data subject’s rights under the GDPR;
12.2.9 Details of the data subject’s right to withdraw their consent to the
Company’s processing of their personal data at any time;
12.2.10 Details of the data subject’s right to complain to the Information
Commissioner’s Office (the “supervisory authority” under the GDPR);
12.2.11 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; and
12.2.12 Details of any automated decision-making or profiling that will take
place using the personal data, including information on how decisions
will be made, the significance of those decisions, and any
consequences.
13. Data Subject Access
13.1 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.
13.2 Employees wishing to make a SAR should do using a Subject Access Request
Form, sending the form to the Company’s Data Protection Officer Grace
Robinson at Flat 17, 80 Park Lane, Croydon, CR01JE.
13.3 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.
13.4 All SARs received shall be handled by the Company’s Data Protection
Officer.
13.5 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.
14. Rectification of Personal Data
14.1 Data subjects have the right to require the Company to rectify any of their
personal data that is inaccurate or incomplete.
14.2 The Company shall rectify the personal data in question, and inform the data
subject of that rectification, within one month of the data subject informing the
Company of the issue. The period can be extended by up to two months in the
case of complex requests. If such additional time is required, the data subject
shall be informed.
14.3 In the event that any affected personal data has been disclosed to third parties,
those parties shall be informed of any rectification that must be made to that
personal data.
15. Erasure of Personal Data
15.1 Data subjects have the right to request that the Company erases the personal
data it holds about them in the following circumstances:
15.1.1 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;
15.1.2 The data subject wishes to withdraw their consent to the Company
holding and processing their personal data;
15.1.3 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) (see Part 18 of this Policy for further
details concerning the right to object);
15.1.4 The personal data has been processed unlawfully;
15.1.5 The personal data needs to be erased in order for the Company to
comply with a particular legal obligation.
15.2 Unless the Company has reasonable grounds to refuse to erase personal data,
all requests for erasure shall be complied with, and the data subject informed
of the erasure, within one month of receipt of the data subject’s request. The
period can be extended by up to two months in the case of complex requests. If
such additional time is required, the data subject shall be informed.
15.3 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).
16. Restriction of Personal Data Processing
16.1 Data subjects may request that the Company ceases processing the personal
data it holds about them. If a data subject makes such a request, the Company
shall retain only the amount of personal data concerning that data subject (if
any) that is necessary to ensure that the personal data in question is not
processed further.
16.2 In the event that any affected personal data has been disclosed to third parties,
those parties shall be informed of the applicable restrictions on processing it
(unless it is impossible or would require disproportionate effort to do so).
17. Objections to Personal Data Processing
17.1 Data subjects have the right to object to the Company processing their
personal data based on legitimate interests, direct marketing (including
profiling).
17.2 Where a data subject objects to the Company processing their personal data
based on its legitimate interests, the Company shall cease such processing
immediately, unless it can be demonstrated that the Company’s legitimate
grounds for such processing override the data subject’s interests, rights, and
freedoms, or that the processing is necessary for the conduct of legal claims.
17.3 Where a data subject objects to the Company processing their personal data for
direct marketing purposes, the Company shall cease such processing
immediately.
18. Personal Data Collected, Held, and Processed
Personal data is collected, held, and processed by the Company (for details of data
retention, please refer to the Company’s Data Retention Policy).
19. Data Security - Transferring Personal Data and Communications
The Company shall ensure that the following measures are taken with respect to all
communications and other transfers involving personal data:
19.1 All emails containing personal data must be marked “confidential”;
19.2 Personal data may be transmitted over secure networks only; transmission over
unsecured networks is not permitted in any circumstances;
19.3 Personal data may not be transmitted over a wireless network if there is a
wired alternative that is reasonably practicable;
19.4 Personal data contained in the body of an email, whether sent or received,
should be copied from the body of that email and stored securely. The email
itself should be deleted.
19.5 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;
19.6 Where personal data is to be transferred in hardcopy form it should be passed
directly to the recipient or sent using a secure courier service; and
19.7 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”.
20. Data Security - Storage
The Company shall ensure that the following measures are taken with respect to the
storage of personal data:
20.1 All electronic copies of personal data should be stored securely using
passwords and minimum 128-bit data encryption;
20.2 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;
20.3 All personal data stored electronically should be backed up daily with backups
stored offsite. All backups should be encrypted using AES256 encryption;
20.4 No personal data should be stored on any mobile device (including, but not
limited to, laptops, tablets, and smartphones), whether such device belongs to
the Company or otherwise and
20.5 No personal data should be transferred to any device personally belonging to
an employee and personal data may only be transferred to devices belonging to
agents, contractors, or other parties working on behalf of the Company where
the party in question has agreed to comply fully with the letter and spirit of this
Policy and of the GDPR (which may include demonstrating to the Company
that all suitable technical and organisational measures have been taken).
21. Data Security - Disposal
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.
22. Data Security - Use of Personal Data
The Company shall ensure that the following measures are taken with respect to the
use of personal data:
22.1 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 Grace Robinson, Director, Eden Assistants;
22.2 No personal data may be transferred to any employees, agents, contractors, or
other parties, whether such parties are working on behalf of the Company or
not, without the authorisation Grace Robinson, Director, Eden Assistants;
22.3 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;
22.4 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; and
22.5 Where personal data held by the Company is used for marketing purposes, it
shall be the responsibility of Grace Robinson, Director, Eden Assistants to
ensure that the appropriate consent is obtained and that no data subjects have
opted out, whether directly or via a third-party service such as the TPS.
23. Data Security - IT Security
The Company shall ensure that the following measures are taken with respect to IT
and information security:
23.1 All passwords used to protect personal data should be changed regularly and
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.
23.2 Under no circumstances should any passwords be written down or shared
between any employees, agents, contractors, or other parties working on behalf
of the Company, irrespective of seniority or department. If a password is
forgotten, it must be reset using the applicable method. IT staff do not have
access to passwords;
23.3 All software (including, but not limited to, applications and operating systems)
shall be kept up-to-date. The Company’s IT staff shall be responsible for
installing any and all security-related updates after the updates are made
available by the publisher or manufacturer as soon as reasonably and
practically possible, unless there are valid technical reasons not to do so; and
23.4 No software may be installed on any Company-owned computer or device
without the prior approval of the Grace Robinson, Director, Eden Assistants.
24. Organisational Measures
The Company shall ensure that the following measures are taken with respect to the
collection, holding, and processing of personal data:
24.1 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;
24.2 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;
24.3 All employees, agents, contractors, or other parties working on behalf of the
Company handling personal data will be appropriately trained to do so;
24.4 All employees, agents, contractors, or other parties working on behalf of the
Company handling personal data will be appropriately supervised;
24.5 All employees, agents, contractors, or other parties working on behalf of the
Company handling personal data shall be required and encouraged to exercise
care, caution, and discretion when discussing work-related matters that relate
to personal data, whether in the workplace or otherwise;
24.6 Methods of collecting, holding, and processing personal data shall be regularly
evaluated and reviewed;
24.7 All personal data held by the Company shall be reviewed periodically, as set
out in the Company’s Data Retention Policy;
24.8 The performance of those employees, agents, contractors, or other parties
working on behalf of the Company handling personal data shall be regularly
evaluated and reviewed;
24.9 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;
24.10 All agents, contractors, or other parties working on behalf of the Company
handling personal data must ensure that any and all of their employees who are
involved in the processing of personal data are held to the same conditions as
those relevant employees of the Company arising out of this Policy and the
GDPR; and
24.11 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.
25. Transferring Personal Data to a Country Outside the EEA
25.1 The Company may from time to time transfer (‘transfer’ includes making
available remotely) personal data to countries outside of the EEA.
25.2 The transfer of personal data to a country outside of the EEA shall take place
only if one or more of the following applies:
25.2.1 The transfer is to a country, territory, or one or more specific sectors in
that country (or an international organisation), that the European
Commission has determined ensures an adequate level of protection for
personal data;
25.2.2 The transfer is to a country (or international organisation) which
provides appropriate safeguards in the form of a legally binding
agreement between public authorities or bodies; binding corporate
rules; standard data protection clauses adopted by the European
Commission; compliance with an approved code of conduct approved
by a supervisory authority (e.g. the Information Commissioner’s
Office); certification under an approved certification mechanism (as
provided for in the GDPR); contractual clauses agreed and authorised
by the competent supervisory authority; or provisions inserted into
administrative arrangements between public authorities or bodies
authorised by the competent supervisory authority;
25.2.3 The transfer is made with the informed consent of the relevant data
subject(s);
25.2.4 The transfer is necessary for the performance of a contract between the
data subject and the Company (or for pre-contractual steps taken at the
request of the data subject);
25.2.5 The transfer is necessary for important public interest reasons;
25.2.6 The transfer is necessary for the conduct of legal claims;
25.2.7 The transfer is necessary to protect the vital interests of the data subject
or other individuals where the data subject is physically or legally
unable to give their consent; or
25.2.8 The transfer is made from a register that, under UK or EU law, is
intended to provide information to the public and which is open for
access by the public in general or otherwise to those who are able to
show a legitimate interest in accessing the register.
26. Data Breach Notification
26.1 All personal data breaches must be reported immediately to the Company’s
Data Protection Officer.
26.2 If a personal data breach occurs and that breach is likely to result in a risk to
the rights and freedoms of data subjects (e.g. financial loss, breach of
confidentiality, discrimination, reputational damage, or other significant social
or economic damage), the Data Protection Officer must ensure that the
Information Commissioner’s Office is informed of the breach without delay,
and in any event, within 72 hours after having become aware of it.
26.3 In the event that a personal data breach is likely to result in a high risk (that is,
a higher risk than that described under Part 29.2) to the rights and freedoms of
data subjects, the Data Protection Officer must ensure that all affected data
subjects are informed of the breach directly and without undue delay.
26.4 Data breach notifications shall include the following information:
26.4.1 The categories and approximate number of data subjects concerned;
26.4.2 The categories and approximate number of personal data records
concerned;
26.4.3 The name and contact details of the Company’s data protection officer
(or other contact point where more information can be obtained);
26.4.4 The likely consequences of the breach;
26.4.5 Details of the measures taken, or proposed to be taken, by the
Company to address the breach including, where appropriate, measures
to mitigate its possible adverse effects.
27. Implementation of Policy
This Policy shall be deemed effective as of 1st May 2018. No part of this Policy shall
have retroactive effect and shall thus apply only to matters occurring on or after this
date.
This Policy has been approved and authorised by:
Name: Grace Robinson
Position: Managing Director
Date: 1st May 2018
Due for Review by: 1st April 2019
Signature: Grace Robinson