INTRODUCTION
BOLANDS WATERFORD takes the safeguarding of personal data very seriously.
This policy describes how the BOLANDS WATERFORD meets its obligations under
the General Data Protection Regulation in relation to the processing of
personal data.
1. Interpretation
1.1 Definitions:
Automated Decision-Making (ADM)
: when a decision is made which is based solely on Automated Processing
(including profiling) which produces legal effects or significantly affects
an individual. The GDPR prohibits Automated Decision-Making (unless certain
conditions are met) but not Automated Processing.
Automated Processing
: any form of automated processing of Personal Data consisting of the use
of Personal Data to evaluate certain personal aspects relating to an
individual, in particular to analyse or predict aspects concerning that
individual's performance at work, economic situation, health, personal
preferences, interests, reliability, behaviour, location or movements.
Profiling is an example of Automated Processing.
Consent
: agreement which must be freely given, specific, informed and be an
unambiguous indication of the Data Subject's wishes by which they, by a
statement or by a clear positive action, signifies agreement to the
Processing of Personal Data relating to them.
Data Controller
: the person or organisation that determines when, why and how to process
Personal Data. It is responsible for establishing practices and policies in
line with the GDPR. We are the Data Controller of all Personal Data
relating to BOLANDS WATERFORD Personnel and Personal Data used in our
business for our own commercial purposes.
Data Subject
: a living, identified or identifiable individual about whom we hold
Personal Data. Data Subjects may be nationals or residents of any country
and may have legal rights regarding their Personal Data.
Data Privacy Impact Assessment (DPIA)
: tools and assessments used to identify and reduce risks of a data
processing activity. DPIA can be carried out as part of Privacy by Design
and should be conducted for all major system or business change programs
involving the Processing of Personal Data.
Data Protection Compliance Officer (DPCO)
: Lynn Martin, Marketing Executive
EEA
: all EU member states, and Iceland, Liechtenstein and Norway.
Explicit Consent
: consent which requires a very clear and specific statement (that is, not
just action).
General Data Protection Regulation (GDPR)
: the General Data Protection Regulation ((EU) 2016/679). Personal
Data is subject to the legal safeguards specified in the GDPR.
Personal Data
: any information identifying a Data Subject or information relating to a
Data Subject that we can identify (directly or indirectly) from that data
alone or in combination with other identifiers we possess or can reasonably
access. Personal Data includes Sensitive Personal Data and Pseudonymised
Personal Data but excludes anonymous data or data that has had the identity
of an individual permanently removed. Personal data can be factual (for
example, a name, email address, location or date of birth) or an opinion
about that person's actions or behaviour.
Personal Data Breach
: any act or omission that compromises the security, confidentiality,
integrity or availability of Personal Data or the physical, technical,
administrative or organisational safeguards that we or our third-party
service providers put in place to protect it. The loss, or unauthorised
access, disclosure or acquisition, of Personal Data is a Personal Data
Breach.
Privacy by Design
: implementing appropriate technical and organisational measures in an
effective manner to ensure compliance with the GDPR.
Privacy Notices (also referred to as Fair Processing Notices) or
Privacy Policies
: separate notices setting out information that may be provided to Data
Subjects when the BOLANDS WATERFORD collects information about them. These
notices may take the form of general privacy statements applicable to a
specific group of individuals (for example, employee privacy notices or the
website privacy policy) or they may be stand-alone, one time privacy
statements covering Processing related to a specific purpose.
Processing or Process
: any activity that involves the use of Personal Data. It includes
obtaining, recording or holding the data, or carrying out any operation or
set of operations on the data including organising, amending, retrieving,
using, disclosing, erasing or destroying it. Processing also includes
transmitting or transferring Personal Data to third parties.
Pseudonymisation or Pseudonymised
: replacing information that directly or indirectly identifies an
individual with one or more artificial identifiers or pseudonyms so that
the person, to whom the data relates, cannot be identified without the use
of additional information which is meant to be kept separately and secure.
Sensitive Personal Data
: information revealing racial or ethnic origin, political opinions,
religious or similar beliefs, trade union membership, physical or mental
health conditions, sexual life, sexual orientation, biometric or genetic
data, and Personal Data relating to criminal offences and convictions.
BOLANDS WATERFORD
Personnel: all employees, workers, contractors, agency workers,
consultants, directors, and others.
2. Introduction
This Policy sets out how
BOLANDS WATERFORD ("we", "our", "us") handle the Personal Data of our
members, suppliers, employees, workers and other third parties.
This Data Protection Policy applies to all Personal Data we Process
regardless of the media on which that data is stored or whether it
relates to past or present employees, workers, members or supplier
contacts, website users or any other Data Subject.
This Data Protection Policy applies to all
BOLANDS WATERFORD Personnel ("you", "your"). You must read, understand and
comply with this Data Protection Policy when Processing Personal Data on
our behalf and attend training on its requirements. This Data Protection
Policy sets out what we expect from you in order for the BOLANDS WATERFORD
to comply with applicable law. Your compliance with this Data Protection
Policy is mandatory. Any breach of this Data Protection Policy may result
in disciplinary action.
This Data Protection Policy is an internal document and cannot be
shared with third parties, clients or regulators without prior
authorisation from the DPCO.
3. Personal data protection principles
We adhere to the principles relating to Processing of Personal Data set
out in the GDPR which require Personal Data to be:
(a) Processed lawfully, fairly and in a transparent manner (Lawfulness,
Fairness and Transparency).
(b) Collected only for specified, explicit and legitimate purposes
(Purpose Limitation).
(c) Adequate, relevant and limited to what is necessary in relation to
the purposes for which it is Processed (Data Minimisation).
(d) Accurate and where necessary kept up to date (Accuracy).
(e) Not kept in a form which permits identification of Data Subjects
for longer than is necessary for the purposes for which the data is
Processed (Storage Limitation).
(f) Processed in a manner that ensures its security using appropriate
technical and organisational measures to protect against unauthorised
or unlawful Processing and against accidental loss, destruction or
damage (Security, Integrity and Confidentiality).
(g) Not transferred to another country without appropriate safeguards
being in place (Transfer Limitation).
(h) Made available to Data Subjects and Data Subjects allowed to
exercise certain rights in relation to their Personal Data (Data
Subject's Rights and Requests).
We are responsible for and must be able to demonstrate compliance with
the data protection principles listed above (Accountability).
4. Lawfulness, fairness, transparency
4.1 Lawfulness and fairness
Personal data must be Processed lawfully, fairly and in a transparent
manner in relation to the Data Subject.
You may only collect, Process and share Personal Data fairly and
lawfully and for specified purposes. The GDPR restricts our actions
regarding Personal Data to specified lawful purposes. These
restrictions are not intended to prevent Processing, but ensure that we
Process Personal Data fairly and without adversely affecting the Data
Subject.
The GDPR allows Processing for specific purposes, some of which are set
out below:
(a) the Data Subject has given his or her Consent;
(b) the Processing is necessary for the performance of a contract with
the Data Subject;
(c) to meet our legal compliance obligations.;
(d) to protect the Data Subject's vital interests;
(e) to pursue our legitimate interests for purposes where they are not
overridden because the Processing prejudices the interests or
fundamental rights and freedoms of Data Subjects. The purposes for
which we process Personal Data for legitimate interests need to be set
out in applicable Privacy Notices or Fair Processing Notices; or
You must identify and document the legal ground being relied on for
each Processing activity
.
4.2 Consent
A Data Controller must only process Personal Data on the basis of one
or more of the lawful bases set out in the GDPR, which include Consent.
A Data Subject consents to Processing of their Personal Data if they
indicate agreement clearly either by a statement or positive action to
the Processing. Consent requires affirmative action so silence,
pre-ticked boxes or inactivity are unlikely to be sufficient. If
Consent is given in a document which deals with other matters, then the
Consent must be kept separate from those other matters.
Data Subjects must be easily able to withdraw Consent to Processing at
any time and withdrawal must be promptly honoured. Consent may need to
be refreshed if you intend to Process Personal Data for a different and
incompatible purpose which was not disclosed when the Data Subject
first consented.
Unless we can rely on another legal basis of Processing, Explicit
Consent is usually required for Processing Sensitive Personal Data, for
Automated Decision-Making and for cross border data transfers. Usually
we will be relying on another legal basis (and not require Explicit
Consent) to Process most types of Sensitive Data. Where Explicit
Consent is required, you must issue a Fair Processing Notice to the
Data Subject to capture Explicit Consent.
You will need to evidence Consent captured and keep records of all
Consents so that the
BOLANDS WATERFORD can demonstrate compliance with Consent requirements.
4.3 Transparency (notifying data subjects)
The GDPR requires Data Controllers to provide detailed, specific
information to Data Subjects depending on whether the information was
collected directly from Data Subjects or from elsewhere. Such
information must be provided through appropriate Privacy Notices or
Fair Processing Notices which must be concise, transparent,
intelligible, easily accessible, and in clear and plain language so
that a Data Subject can easily understand them.
Whenever we collect Personal Data directly from Data Subjects,
including for human resources or employment purposes, we must provide
the Data Subject with all the information required by the GDPR
including the identity of the Data Controller and DPCO, how and why we
will use, Process, disclose, protect and retain that Personal Data
through a Fair Processing Notice which must be presented when the Data
Subject first provides the Personal Data.
When Personal Data is collected indirectly (for example, from a third
party or publically available source), you must provide the Data
Subject with all the information required by the GDPR as soon as
possible after collecting/receiving the data. You must also check that
the Personal Data was collected by the third party in accordance with
the GDPR and on a basis which contemplates our proposed Processing of
that Personal Data.
5. Purpose limitation
Personal Data must be collected only for specified, explicit and
legitimate purposes. It must not be further Processed in any manner
incompatible with those purposes.
You cannot use Personal Data for new, different or incompatible
purposes from that disclosed when it was first obtained unless you have
informed the Data Subject of the new purposes and they have Consented
where necessary.
6. Data minimisation
Personal Data must be adequate, relevant and limited to what is
necessary in relation to the purposes for which it is Processed.
You may only Process Personal Data when performing your job duties
requires it. You cannot Process Personal Data for any reason unrelated
to your job duties.
You may only collect Personal Data that you require for your job
duties: do not collect excessive data. Ensure any Personal Data
collected is adequate and relevant for the intended purposes.
You must ensure that when Personal Data is no longer needed for
specified purposes, it is deleted or anonymised in accordance with the
SIMI's data retention guidelines.
7. Accuracy
Personal Data must be accurate and, where necessary, kept up to date.
It must be corrected or deleted without delay when inaccurate.
You will ensure that the Personal Data we use and hold is accurate,
complete, kept up to date and relevant to the purpose for which we
collected it. You must check the accuracy of any Personal Data at the
point of collection and at regular intervals afterwards. You must take
all reasonable steps to destroy or amend inaccurate or out-of-date
Personal Data.
8. Storage limitation
Personal Data must not be kept in an identifiable form for longer than
is necessary for the purposes for which the data is processed.
You must not keep Personal Data in a form which permits the
identification of the Data Subject for longer than needed for the
legitimate business purpose or purposes for which we originally
collected it including for the purpose of satisfying any legal,
accounting or reporting requirements.
The SIMI will maintain retention policies and procedures to ensure
Personal Data is deleted after a reasonable time for the purposes for
which it was being held, unless a law requires such data to be kept for
a minimum time.
You will take all reasonable steps to destroy or erase from our systems
all Personal Data that we no longer require in accordance with all
BOLANDS WATERFORD applicable records retention schedules and policies. This
includes requiring third parties to delete such data where applicable.
You will ensure Data Subjects are informed of the period for which data
is stored and how that period is determined in any applicable Privacy
Notice or Fair Processing Notice.
9. Security integrity and confidentiality
9.1 Protecting Personal Data
Personal Data must be secured by appropriate technical and
organisational measures against unauthorised or unlawful Processing,
and against accidental loss, destruction or damage.
We will develop, implement and maintain safeguards appropriate to our
size, scope and business, our available resources, the amount of
Personal Data that we own or maintain on behalf of others and
identified risks (including use of encryption and Pseudonymisation
where applicable). We will regularly evaluate and test the
effectiveness of those safeguards to ensure security of our Processing
of Personal Data. You are responsible for protecting the Personal Data
we hold. You must implement reasonable and appropriate security
measures against unlawful or unauthorised Processing of Personal Data
and against the accidental loss of, or damage to, Personal Data. You
must exercise particular care in protecting Sensitive Personal Data
from loss and unauthorised access, use or disclosure.
You must follow all procedures and technologies we put in place to
maintain the security of all Personal Data from the point of collection
to the point of destruction. You may only transfer Personal Data to
third-party service providers who agree to comply with the required
policies and procedures and who agree to put adequate measures in
place, as requested.
You must maintain data security by protecting the confidentiality,
integrity and availability of the Personal Data, defined as follows:
(a) Confidentiality means that only people who have a need to know and
are authorised to use the Personal Data can access it.
(b) Integrity means that Personal Data is accurate and suitable for the
purpose for which it is processed.
(c) Availability means that authorised users are able to access the
Personal Data when they need it for authorised purposes.
You must comply with and not attempt to circumvent the administrative,
physical and technical safeguards we implement and maintain in
accordance with the GDPR and relevant standards to protect Personal
Data.
9.2 Reporting a Personal Data Breach
The GDPR requires Data Controllers to notify any Personal Data Breach
to the applicable regulator and, in certain instances, the Data
Subject.
We have put in place procedures to deal with any suspected Personal
Data Breach and will notify Data Subjects or any applicable regulator
where we are legally required to do so.
If you know or suspect that a Personal Data Breach has occurred, do not
attempt to investigate the matter yourself. Immediately contact the
Data Protection Compliance Officer.
10. Transfer limitation
The GDPR restricts data transfers to countries outside the EEA in order
to ensure that the level of data protection afforded to individuals by
the GDPR is not undermined. You transfer Personal Data originating in
one country across borders when you transmit, send, view or access that
data in or to a different country.
You may only transfer Personal Data outside the EEA if one of the
following conditions applies:
(a) the European Commission has issued a decision confirming that the
country to which we transfer the Personal Data ensures an adequate
level of protection for the Data Subjects' rights and freedoms;
(b) appropriate safeguards are in place such as binding corporate rules
(BCR), standard contractual clauses approved by the European
Commission, an approved code of conduct or a certification mechanism, a
copy of which can be obtained from the DPCO;
(c) the Data Subject has provided Explicit Consent to the proposed
transfer after being informed of any potential risks; or
(d) the transfer is necessary for one of the other reasons set out in
the GDPR including the performance of a contract between us and the
Data Subject, reasons of public interest, to establish, exercise or
defend legal claims or to protect the vital interests of the Data
Subject where the Data Subject is physically or legally incapable of
giving Consent and, in some limited cases, for our legitimate interest.
11. Data Subject's rights and requests
Data Subjects have rights when it comes to how we handle their Personal
Data. These include rights to:
(a) withdraw Consent to Processing at any time;
(b) receive certain information about the Data Controller's Processing
activities;
(c) request access to their Personal Data that we hold;
(d) prevent our use of their Personal Data for direct marketing
purposes;
(e) ask us to erase Personal Data if it is no longer necessary in
relation to the purposes for which it was collected or Processed or to
rectify inaccurate data or to complete incomplete data;
(f) restrict Processing in specific circumstances;
(g) challenge Processing which has been justified on the basis of our
legitimate interests or in the public interest;
(h) request a copy of an agreement under which Personal Data is
transferred outside of the EEA;
(i) object to decisions based solely on Automated Processing, including
profiling (ADM);
(j) prevent Processing that is likely to cause damage or distress to
the Data Subject or anyone else;
(k) be notified of a Personal Data Breach which is likely to result in
high risk to their rights and freedoms;
(l) make a complaint to the supervisory authority; and
(m) in limited circumstances, receive or ask for their Personal Data to
be transferred to a third party in a structured, commonly used and
machine readable format.
You must verify the identity of an individual requesting data under any
of the rights listed above (do not allow third parties to persuade you
into disclosing Personal Data without proper authorisation).
You must immediately forward any Data Subject request you receive to
the Data Protection Compliance Officer.
12. Accountability
12.1
The Data Controller must implement appropriate technical and
organisational measures in an effective manner, to ensure compliance
with data protection principles. The Data Controller is responsible
for, and must be able to demonstrate, compliance with the data
protection principles.
BOLANDS WATERFORD
must have adequate resources and controls in place to ensure and to
document GDPR compliance including:
(a) implementing Privacy by Design when Processing Personal Data and
completing DPIAs where Processing presents a high risk to rights and
freedoms of Data Subjects;
(b) integrating data protection into internal documents including this
Privacy Standard, Related Policies, Privacy Guidelines, Privacy Notices
or Fair Processing Notices;
(c) regularly training
BOLANDS WATERFORDPersonnel on the GDPR, this Privacy Standard, and data
protection matters including, for example, Data Subject's rights, Consent,
legal basis, DPIA and Personal Data Breaches. The BOLANDS WATERFORDmust
maintain a record of training attendance by SIMI Personnel; and
(d) regularly testing the privacy measures implemented and conducting
periodic reviews and audits to assess compliance, including using
results of testing to demonstrate compliance improvement effort.
12.2 Record keeping
The GDPR requires us to keep full and accurate records of all our data
Processing activities in respect of special categories of personal
data.
These records should include, at a minimum, the name and contact
details of the Data Controller and the DPCO, clear descriptions of the
Personal Data types, Data Subject types, Processing activities,
Processing purposes, third-party recipients of the Personal Data,
Personal Data storage locations, Personal Data transfers, the Personal
Data's retention period and a description of the security measures in
place. In order to create such records, data maps should be created
which should include the detail set out above together with appropriate
data flows.
12.3 Training and audit
We are required to ensure all
BOLANDS WATERFORDPersonnel have undergone adequate training to enable them
to comply with data privacy laws. We must also regularly test our systems
and processes to assess compliance.
You must undergo all mandatory data privacy related training and ensure
your team undergo similar mandatory training
.
You must regularly review all the systems and processes under your
control to ensure they comply with this Data Protection Policy and
check that adequate governance controls and resources are in place to
ensure proper use and protection of Personal Data.
12.4
Privacy By Design and Data Protection Impact Assessment (DPIA)
We are required to implement Privacy by Design measures when Processing
Personal Data by implementing appropriate technical and organisational
measures (like Pseudonymisation) in an effective manner, to ensure
compliance with data privacy principles.
You must assess what Privacy by Design measures can be implemented on
all programs/systems/processes that Process Personal Data by taking
into account the following:
(a) the state of the art;
(b) the cost of implementation;
(c) the nature, scope, context and purposes of Processing; and
(d) the risks of varying likelihood and severity for rights and
freedoms of Data Subjects posed by the Processing.
Data controllers must also conduct DPIAs in respect to high risk
Processing.
You should conduct a DPIA (and discuss your findings with the DPCO)
when implementing major system or business change programs involving
the Processing of Personal Data including:
(e) use of new technologies (programs, systems or processes), or
changing technologies (programs, systems or processes);
(f) Automated Processing including profiling and ADM;
(g) large scale Processing of Sensitive Data; and
(h) large scale, systematic monitoring of a publicly accessible area.
A DPIA must include:
(i) a description of the Processing, its purposes and the Data
Controller's legitimate interests if appropriate;
(j) an assessment of the necessity and proportionality of the
Processing in relation to its purpose;
(k) an assessment of the risk to individuals; and
(l) the risk mitigation measures in place and demonstration of
compliance.
12.5
Automated Processing (including profiling) and Automated
Decision-Making
Generally, ADM is prohibited when a decision has a legal or similar
significant effect on an individual unless:
(a) a Data Subject has Explicitly Consented;
(b) the Processing is authorised by law; or
(c) the Processing is necessary for the performance of or entering into
a contract.
If certain types of Sensitive Data are being processed, then grounds
(b) or (c) will not be allowed but such Sensitive Data can be Processed
where it is necessary (unless less intrusive means can be used) for
substantial public interest like fraud prevention.
If a decision is to be based solely on Automated Processing (including
profiling), then Data Subjects must be informed when you first
communicate with them of their right to object. This right must be
explicitly brought to their attention and presented clearly and
separately from other information. Further, suitable measures must be
put in place to safeguard the Data Subject's rights and freedoms and
legitimate interests.
We must also inform the Data Subject of the logic involved in the
decision making or profiling, the significance and envisaged
consequences and give the Data Subject the right to request human
intervention, express their point of view or challenge the decision.
A DPIA must be carried out before any Automated Processing (including
profiling) or ADM activities are undertaken
.
12.6 Sharing Personal Data
Generally we are not allowed to share Personal Data with third parties
unless certain safeguards and contractual arrangements have been put in
place.
You may only share the Personal Data we hold with another employee or
agent if the recipient has a job-related need to know the information
and the transfer complies with any applicable cross-border transfer
restrictions.
You may only share the Personal Data we hold with third parties, such
as our service providers if:
(a) they have a need to know the information for the purposes of
providing the contracted services;
(b) sharing the Personal Data complies with the Privacy Notice provided
to the Data Subject and, if required, the Data Subject's Consent has
been obtained;
(c) the third party has agreed to comply with the required data
security standards, policies and procedures and put adequate security
measures in place;
(d) the transfer complies with any applicable cross border transfer
restrictions; and
(e) a fully executed written contract that contains GDPR approved third
party clauses has been obtained.
13. Changes to this Data
Protection Policy
We reserve the right to change this Data Protection Policy at any time
without notice to you so please check back regularly to obtain the
latest copy of this Policy. We last revised this Data Protection Policy
on
May 2018.
Signed ……………………………………………………….
Printed Name ……………………………………………….
Date ………………………………………………………….
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