1. Introduction
This Policy sets out the obligations of Speedster Clinic, whose main trading office is at Unit 4 , 9 Table Oak Farm ,Table Oak Lane, Kenilworth, Warwickshire (“the
Company”)
regarding data protection and the rights of customers and business
contacts
(“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
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 19 of this Policy. This includes:
5.1.1 Personal data collected directly from data subjects.
5.2 The Company only
collects, processes, and holds personal data for the specific purposes
set out in Part 19 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 19, 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 regular
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 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 without delay.
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
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 Gary Blundell, dataprotection@speedsterclinic.com.
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
26 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 at dataprotection@speedsterclinic.com.
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. Data Portability
17.1 Where data subjects
have given their consent to the Company to process their personal data
in such a manner, or the processing is otherwise required for the
performance of a contract between the Company and the data subject, data
subjects have the right, under the GDPR, to receive a copy of their
personal data and to use it for other purposes (namely transmitting it
to other data controllers).
17.2 To facilitate the
right of data portability, the Company shall make available all
applicable personal data to data subjects in the following format:
17.2.1 Microsoft Excel;
17.2.2 Adobe PDF;
17.3 Where technically
feasible, if requested by a data subject, personal data shall be sent
directly to the required data controller.
17.4 All requests for
copies of personal data shall be complied with within one month of the
data subject’s request. The period can be extended by up to two months
in the case of complex or numerous requests. If such additional time is
required, the data subject shall be informed.
18. Objections to Personal Data Processing
18.1 Data subjects have
the right to object to the Company processing their personal data based
on legitimate interests, direct marketing (including profiling).
18.2 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.
18.3 Where a data subject
objects to the Company processing their personal data for direct
marketing purposes, the Company shall cease such processing immediately.
19. Personal Data Collected, Held, and Processed
The following personal data is collected, held, and processed
by the Company (for details of data retention, please refer to the Company’s
Data Retention Policy):
|
Data
Ref.
|
Purpose
of Data
|
|
Company Name
|
Billing & Contact
|
|
Address
|
Billing & Contact
|
|
Tel No
|
Billing & Contact
|
|
Mobile
|
Billing & Contact
|
|
Email
|
Billing, Contact and Marketing
|
20. 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:
20.1 All emails containing personal data must be encrypted using TLS;
20.2 All emails containing personal data must be marked “confidential”;
20.3 Personal data may be
transmitted over secure networks only; transmission over unsecured
networks is not permitted in any circumstances;
20.4 Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
20.5 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. All temporary files associated therewith should also
be deleted;
20.6 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;
20.7 Where personal data is to be transferred in hard copy form it will be sent using first class recorded post.
21. Data Security - Storage
The Company shall ensure that the following measures are taken
with respect to the storage of personal data:
21.1 All electronic copies of personal data should be stored securely using passwords;
21.2 All hard copies of
personal data, along with any electronic copies stored on physical,
removable media should be stored securely in a cabinet or similar;
21.3 All personal data stored electronically should be backed up daily with backups stored onsite and offsite.
21.4 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.
21.5 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).
22. 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.
23. Data Security - Use of Personal Data
The Company shall ensure that the following measures are taken
with respect to the use of personal data:
23.1 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 Jon Eastwood – Company Director;
23.2 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 of Jon Eastwood – Company Director;
23.3 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;
23.4 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
23.5 Where personal data
held by the Company is used for marketing purposes, it shall be the
responsibility of all staff 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.
24. Data Security - IT Security
The Company shall ensure that the following measures are taken
with respect to IT and information security:
24.1 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. All software used by the Company is
designed to require such passwords.
24.2 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;
24.3 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 as soon as
reasonably and practically possible, unless there are valid technical
reasons not to do so; and
24.4 No software may be installed on any Company-owned computer or device without the prior approval of the company director.
25. Organisational Measures
The Company shall ensure that the following measures are taken
with respect to the collection, holding, and processing of personal data:
25.1 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;
25.2 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;
25.3 All employees,
agents, contractors, or other parties working on behalf of the Company
handling personal data will be appropriately trained to do so;
25.4 All employees,
agents, contractors, or other parties working on behalf of the Company
handling personal data will be appropriately supervised;
25.5 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;
25.6 Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
25.7 All personal data held by the Company shall be reviewed periodically, as set out in the Company’s Data Retention Policy;
25.8 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;
25.9 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;
25.10 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
25.11 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.
26. Transferring Personal Data to a Country Outside the EEA
26.1 The Company may from
time to time transfer (‘transfer’ includes making available remotely)
personal data to countries outside of the EEA.
26.2 The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:
26.2.1 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;
26.2.2 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;
26.2.3 The transfer is made with the informed consent of the relevant data subject(s);
26.2.4 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);
26.2.5 The transfer is necessary for important public interest reasons;
26.2.6 The transfer is necessary for the conduct of legal claims;
26.2.7 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
26.2.8 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.
27. Data Breach Notification
27.1 All personal data breaches must be reported immediately to the Company’s Data Protection Officer.
27.2 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.
27.3 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 27.2) 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.
27.4 Data breach notifications shall include the following information:
27.4.1 The categories and approximate number of data subjects concerned;
27.4.2 The categories and approximate number of personal data records concerned;
27.4.3 The name and
contact details of the Company’s data protection officer (or other
contact point where more information can be obtained);
27.4.4 The likely consequences of the breach;
27.4.5 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.
28. Implementation of Policy
This Policy shall be deemed effective as of 10th December 2018. No part of this Policy shall have retroactive effect and shall thus
apply only to matters occurring on or after this date.