1.1 We take the security and privacy of your data seriously. We need to gather and use information or ‘data’ about you as part of our business and to manage our relationship with you. We intend to comply with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. We have a duty to notify you of the information contained in this policy.
1.2 This policy applies to current and former customers. If you fall into one of these categories then you are a ‘data subject’ for the purposes of this policy. You should read this policy alongside any other notice we issue to you from time to time in relation to your data.
1.3 We are a ‘data controller’ for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data.
1.4 This policy explains how we will hold and process your information. It explains your rights as a data subject.
1.5 This policy does not form part of your contract and can be amended by us at any time. It is intended that this policy is fully compliant with the 2018 Act and the GDPR.
2 Data Protection Principles
2.1 Personal data must be processed in accordance with six ‘Data Protection Principles.’ It must:
We are accountable for these principles and must be able to show that we are compliant.
3 How we define personal data
3.1 ‘Personal data’ means information which relates to a living person who can be identified from that data (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.
3.2 This policy applies to all personal data whether it is stored electronically, on paper or on other materials.
3.3 This personal data might be provided to us by you, or someone else (such as an employer, or a credit reference agency), or it could be created by us. It could be created by your manager or other colleagues.
3.4 We will collect and use the following types of personal data about you:
4 How we define special categories of personal data
4.1 ‘Special categories of personal data’ are types of personal data consisting of information as to:
We may hold and use any of these special categories of your personal data in accordance with the law.
5 How we define processing
5.1 ‘Processing’ means any operation which is performed on personal data such as:
This includes processing personal data which forms part of a filing system and any automated processing.
6 How will we process your personal data?
6.1 We will process your personal data (including special categories of personal data) in accordance with our obligations under the 2018 Act.
6.2 We will use your personal data for:
We can process your personal data for these purposes without your knowledge or consent. We will not use your personal data for an unrelated purpose without telling you about it and the legal basis That we intend to rely on for processing it.
If you choose not to provide us with certain personal data you should be aware that we may not be able to carry out certain parts of the contract between us. It might also stop us from complying with certain legal obligations and duties which we have such as to pay the right amount of tax to HMRC.
7 Examples of when we might process your personal data
7.1 We have to process your personal data in various situations during the service(s) provided to you.
7.2 For example (and see section 7.6 below for the meaning of the asterisks):
7.3 We will only process special categories of your personal data (see above) in certain situations in accordance with the law. For example, we can do so if we have your explicit consent. If we asked for your consent to process a special category of personal data then we would explain the reasons for our request. You do not need to consent and can withdraw consent later if you choose by contacting Juliet Finley.
7.4 We do not need your consent to process special categories of your personal data when we are processing it for the following purposes, which we may do:
7.5 We do not take automated decisions about you using your personal data or use profiling in relation to you.
8 Sharing your personal data
8.1 Sometimes we might share your personal data with group companies or our contractors and agents to carry out our obligations under our contract with you or for our legitimate interests.
8.2 We require those companies to keep your personal data confidential and secure and to protect it in accordance with the law and our policies. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions.
8.3 We will send personal data to Shipping Agencies, Hauliers and Customs Clearance Agents. This is necessary to fulfil our contract.
8.4 We do not send your personal data outside the European Economic Area. If this changes you will be notified of this and the protections which are in place to protect the security of your data will be explained.
9 How should you process personal data at Work?
9.1 Everyone who works for us or on our behalf has some responsibility for ensuring data is collected, stored and handled appropriately, in line with this policy.
9.2 Juliet Finley is responsible for data protection and will deal with any questions you have in relation to this policy or data protection.
9.3 We will only access personal data covered by this policy if we need it for the work we do if we are authorised to do so. We will only use the data for the specified lawful purpose for which it was obtained.
9.4 We will not share personal data informally.
9.5 We will keep personal data secure and not share it with unauthorised people.
9.6 We will regularly review and update personal data which we have to deal with for work. This includes telling us if your own contact details change.
9.7 We will not make unnecessary copies of personal data and should keep and dispose of any copies securely.
9.8 We will use strong passwords.
9.9 We will lock our computer screens when not at our desk.
9.10 Personal data should be encrypted before being transferred electronically to authorised external contacts.
9.11 Consider anonymising data or using separate keys/codes so that the data subject cannot be identified.
9.12 Personal data should never be transferred outside the European Economic Area except in compliance with the law and authorisation from the person named in 9.2.
9.13 We will lock drawers and filing cabinets. Do not leave paper with personal data lying about.
9.14 We will not take personal data away from our premises without authorisation from the manager/customer.
9.15 Personal data will be shredded and disposed of securely when we have finished with it.
9.16 You should ask for help from the person named in 9.2 if you are unsure about data protection or if you notice any areas of data protection or security we can improve upon.
9.17 Any deliberate or negligent breach of this policy by any staff member may result in disciplinary action being taken against them in accordance with our disciplinary procedure.
9.18 It is a criminal offence to conceal or destroy personal data which is part of a subject access request (see below). This conduct would also amount to gross misconduct under our disciplinary procedure, which could result in your dismissal.
10 How to deal with data breaches
10.1 We have robust measures in place to minimise and prevent data breaches from taking place. Should a breach of personal data occur (whether in respect of you or someone else) then we must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals then we must also notify the Information Commissioner’s Office within 72 hours.
10.2 If you are aware of a data breach you must contact the person named in 9.2 immediately and keep any evidence you have in relation to the breach.
11 Subject access requests
11.1 Data subjects can make a ‘subject access request’ (‘SAR’) to find out the information we hold about them. This request must be made in writing. If you receive such a request you should forward it Juliet Finley who will coordinate a response.
11.2 If you would like to make a SAR in relation to your own personal data you should make this in writing to Juliet Finley. We must respond within one month unless the request is complex or numerous in which case the period in which we must respond can be extended by a further two months.
11.3 There is no fee for making a SAR. However, if your request is manifestly unfounded or excessive we may charge a reasonable administrative fee or refuse to respond to your request.
12 Your data subject rights
12.1 You have the right to information about what personal data we process, how and on what basis as set out in this policy.
12.2 You have the right to access your own personal data by way of a subject access request (see above).
12.3 You can correct any inaccuracies in your personal data. To do you should contact Juliet Finley.
12.4 You have the right to request that we erase your personal data where we were not entitled under the law to process it or it is no longer necessary to process it for the purpose it was collected. To do so you should contact Juliet Finley.
12.5 While you are requesting that your personal data is corrected or erased or are contesting the lawfulness of our processing, you can apply for its use to be restricted while the application is made. To do so you should contact Juliet Finley.
12.6 You have the right to object to data processing where we are relying on a legitimate interest to do so and you think that your rights and interests outweigh our own and you wish us to stop.
12.7 You have the right to object if we process your personal data for the purposes of direct marketing.
12.8 You have the right to receive a copy of your personal data and to transfer your personal data to another data controller. We will not charge for this and will in most cases aim to do this within one month.
12.9 With some exceptions, you have the right not to be subjected to automated decision-making.
12.10 You have the right to be notified of a data security breach concerning your personal data.
12.11 In most situations we will not rely on your consent as a lawful ground to process your data. If we do however request your consent to the processing of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent later. To withdraw your consent, you should contact Juliet Finley.
12.12 You have the right to complain to the Information Commissioner. You can do this be contacting the Information Commissioner’s Office directly. Full contact details including a helpline number can be found on the Information Commissioner’s Office website (www.ico.org.uk). This website has further information on your rights and our obligations.