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

© 2020 by Eden Assistants Ltd