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Group Privacy Policy

Group Privacy Policy

This detailed policy is long and is designed to answer all your questions that impact how we manage data you provide us when you interact with us.  This policy covers all the activities of companies who trade together as part of the On Digital Consultancy group, including our parent company – SmartResource Solutions Limited and Dingwall Consultancy Services Limited.  If you need further information contact our Data Protection Officer:  Lorraine Bubb on info@ondigitalgroup.net or raise a ticket on our service desk.  For the purposes of this document, the Group will collectively be referred to as ODC.

  1.  Purpose, Scope and Users 

ODC strives to comply with applicable laws and regulations related to Personal Data protection in countries where ODC operates. This Policy sets forth the basic principles by which ODC processes the personal data of consumers, customers, suppliers, business partners, employees and other individuals, and indicates the responsibilities of its business departments and employees while processing personal data. This Policy applies to ODC and its directly or indirectly controlled wholly-owned subsidiaries conducting business within the European Economic Area (EEA) or processing the personal data of data subjects within EEA. The users of this document are all employees, permanent or temporary, and all contractors working on behalf of ODC. 

  1.  Reference Documents 
    • EU GDPR 2016/679 (Regulation (EU) 2016/679 of the European Parliament and of the Council  of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC)     
  • [relevant national law or regulation for GDPR implementation]    
  • [other local laws and regulations] 
  • Employee Personal Data Protection Policy 
  • Data Retention Policy 
  • Data Protection Officer Job Description 
  • Guidelines for Data Inventory and Processing Activities 
  • Data Subject Access Request Procedure 
  • Data Protection Impact Assessment Guidelines 
  • Cross Border Personal Data Transfer Procedure 
  • [information security policies] 
  • Breach Notification Procedure 
  •  
  •    Definitions 

The following definitions of terms used in this document are drawn from Article 4 of the European Union’s General Data Protection Regulation: 

Personal Data: Any information relating to an identified or identifiable natural person ("Data Subject") 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. 

Sensitive Personal Data: Personal data which are, by their nature, particularly sensitive in relation to fundamental rights and freedoms merit specific protection as the context of their processing could create significant risks to the fundamental rights and freedoms. Those personal data include personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation. 

Data Controller: The natural or legal person, public authority, agency or any other body, which alone or jointly with others, determines the purposes and means of the processing of personal data. 

Data Processor: A natural or legal person, public authority, agency or any other body which processes personal data on behalf of a Data Controller. 

Processing: An operation or set of operations which is performed on personal data or on sets of personal data, whether by automated means, such as collection, recording, Organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of the data. 

Anonymisation: Irreversibly de-identifying personal data such that the person cannot be identified by using reasonable time, cost, and technology either by the controller or by any other person to identify that individual. The personal data processing principles do not apply to anonymised data as it is no longer personal data. 

Pseudonymisation: The processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and Organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. Pseudonymization reduces, but does not completely eliminate, the ability to link personal data to a data subject. Because pseudonymised data is still personal data, the processing of pseudonymized data should comply with the Personal Data Processing principles. 

Cross-border processing of personal data: Processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the European Union where the controller or processor is established in more than one Member State; or processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State; 

Supervisory Authority: An independent public authority which is established by a Member State pursuant to Article 51 of the EU GDPR; 

Lead supervisory authority: The supervisory authority with the primary responsibility for dealing with a cross-border data processing activity, for example when a data subject makes a complaint about the processing of his or her personal data; it is responsible, among others, for receiving the data breach notifications, to be notified on risky processing activity and will have full authority as regards to its duties to ensure compliance with the provisions of the EU GDPR; 

Each “local supervisory authority” will still maintain in its own territory, and will monitor any local data processing that affects data subjects or that is carried out by an EU or non-EU controller or processor when their processing targets data subjects residing on its territory. Their tasks and powers includes conducting investigations and applying administrative measures and fines, promoting public awareness of the risks, rules, security, and rights in relation to the processing of personal data, as well as obtaining access to any premises of the controller and the processor, including any data processing equipment and means. 

“Main establishment as regards a controller” with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment; 

“Main establishment as regards a processor” with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation; 

Group Undertaking: Any holding company together with its subsidiary. 

 

  1. Basic Principles Regarding Personal Data Processing 

The data protection principles outline the basic responsibilities for organisations handling personal data. Article 5(2) of the GDPR stipulates that “the controller shall be responsible for, and be able to demonstrate, compliance with the principles.” 

  1. Lawfulness, Fairness and Transparency 

Personal data must be processed lawfully, fairly and in a transparent manner in relation to the data subject. 

  1. Purpose Limitation 

Personal data must be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes. 

  1. Data Minimisation  

Personal data must be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed. ODC will apply anonymisation or pseudonymisation to personal data if possible to reduce the risks to the data subjects concerned. 

  1. Accuracy  

Personal data must be accurate and, where necessary, kept up to date; reasonable steps must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified in a timely manner.

  1. Storage Period Limitation  

Personal data must be kept for no longer than is necessary for the purposes for which the personal data are processed.  

  1. Integrity and confidentiality 

Considering the state of technology and other available security measures, the implementation cost, and likelihood and severity of personal data risks, ODC will use appropriate technical or Organisational measures to process Personal Data in a manner that ensures appropriate security of personal data, including protection against accidental or unlawful destruction, loss, alternation, unauthorised access to, or disclosure. 

  1. Accountability  

Data controllers must be responsible for and be able to demonstrate compliance with the principles outlined above. 

  1. Building Data Protection in Business Activities 

In order to demonstrate compliance with the principles of data protection, an organisation should build data protection into its business activities.  

 

  1. Notification to Data Subjects 

(See the Fair Processing Guidelines section.) 

  1. Data Subject’s Choice and Consent  

(See the Fair Processing Guidelines section.) 

  1. Collection 

ODC will strive to collect the least amount of personal data possible. If personal data is collected from a third party, Our Data Protection Officer must ensure that the personal data is collected lawfully.  

  1. Use, Retention, and Disposal 

The purposes, methods, storage limitation and retention period of personal data must be consistent with the information contained in the Privacy Notice. ODC will maintain the accuracy, integrity, confidentiality and relevance of personal data based on the processing purpose. Adequate security mechanisms designed to protect personal data must be used to prevent personal data from being stolen, misused, or abused, and prevent personal data breaches. Our Data Protection Officer is responsible for compliance with the requirements listed in this section.  

  1. Disclosure to Third Parties 

Whenever ODC uses a third-party supplier or business partner to process personal data on its behalf, Our Data Protection Officer must ensure that this processor will provide security measures to safeguard personal data that are appropriate to the associated risks. For this purpose, the CAP Processor GDPR Compliance Questionnaire must be used.  

ODC will contractually require the supplier or business partner to provide the same level of data protection. The supplier or business partner must only process personal data to carry out its contractual obligations towards ODC or upon the instructions of ODC and not for any other purposes. When ODC processes personal data jointly with an independent third party, ODC will explicitly specify its respective responsibilities of and the third party in the relevant contract or any other legal binding document, such as the Supplier Data Processing Agreement.  

  1. Cross-border Transfer of Personal Data 

Before transferring personal data out of the European Economic Area (EEA) adequate safeguards must be used including the signing of a Data Transfer Agreement, as required by the European Union and, if required, authorization from the relevant Data Protection Authority must be obtained. The entity receiving the personal data must comply with the principles of personal data processing set forth in Cross Border Data Transfer Procedure. 

  1. Rights of Access by Data Subjects 

When acting as a data controller, Our Data Protection Officer is responsible to provide data subjects with a reasonable access mechanism to enable them to access their personal data, and must allow them to update, rectify, erase, or transmit their Personal Data, if appropriate or required by law. The access mechanism will be further detailed in the Data Subject Access Request Procedure. 

  1. Data Portability 

Data Subjects have the right to receive, upon request, a copy of the data they provided to us in a structured format and to transmit those data to another controller, for free. Our Data Protection Officer is responsible to ensure that such requests are processed within one month, are not excessive and do not affect the rights to personal data of other individuals. 

  1. Right to be Forgotten 

Upon request, Data Subjects have the right to obtain from ODC the erasure of its personal data. When ODC is acting as a Controller, Our Data Protection Officer must take necessary actions (including technical measures) to inform the third-parties who use or process that data to comply with the request.  

 

  1. Fair Processing Guidelines  

Personal data must only be processed when explicitly authorised by Our Data Protection Officer. 

ODC will decide whether to perform the Data Protection Impact Assessment for each data processing activity according to the Data Protection Impact Assessment Guidelines.  

  1. Notices to Data Subjects 

At the time of collection or before collecting personal data  for any kind of processing activities including but not limited to selling products, services, or marketing activities, Our Data Protection Officer is responsible to properly inform data subjects of the following: the types of personal data collected, the purposes of the processing, processing methods, the data subjects’ rights with respect to their personal data, the retention period, potential international data transfers, if data will be shared with third parties and ODC’s security measures to protect personal data. This information is provided through Privacy Notice.  

If your Organisation has multiple data processing activities, you will need to develop different notices which will differ depending on the processing activity and the categories of personal data collected – for example, one Notice might be written for mailing purposes, and a different one for shipping purposes. 

Where personal data is being shared with a third party, Our Data Protection Officer must ensure that data subjects have been notified of this through a Privacy Notice.  

Where personal data is being transferred to a third country according to Cross Border Data Transfer Policy, the Privacy Notice should reflect this and clearly state to where, and to which entity personal data is being transferred.   

Where sensitive personal data is being collected, the Data Protection Officer must make sure that the Privacy Notice explicitly states the purpose for which this sensitive personal data is being collected. 

  1. Obtaining Consents 

Whenever personal data processing is based on the data subject's consent, or other lawful grounds, Our Data Protection Officer is responsible for retaining a record of such consent.  Our Data Protection Officer is responsible for providing data subjects with options to provide the consent and must inform and ensure that their consent (whenever consent is used as the lawful ground for processing) can be withdrawn at any time. 

Where collection of personal data relates to a child under the age of 16, Our Data Protection Officer must ensure that parental consent is given prior to the collection using the Parental Consent Form.  

When requests to correct, amend or destroy personal data records, Our Data Protection Officer must ensure that these requests are handled within a reasonable time frame. Our Data Protection Officer must also record the requests and keep a log of these.  

Personal data must only be processed for the purpose for which they were originally collected. If ODC wants to process collected personal data for another purpose, ODC will seek the consent of its data subjects in clear and concise writing. Any such request should include the original purpose for which data was collected, and also the new, or additional, purpose(s). The request must also include the reason for the change in purpose(s). The Data Protection Officer is responsible for complying with the rules in this paragraph.  

Now and in the future, Our Data Protection Officer must ensure that collection methods are compliant with relevant law, good practices and industry standards.  

Our Data Protection Officer is responsible for creating and maintaining a Register of the Privacy Notices.   

 

  1. Organisation and Responsibilities 

The responsibility for ensuring appropriate personal data processing lies with everyone who works for or with ODC and has access to personal data processed by ODC. 

The key areas of responsibilities for processing personal data lie with the following organisational roles:  

The board of directors or other relevant decision-making body makes decisions about and approves ODC’s general strategies on personal data protection. 

The Data Protection Officer (DPO) or any other relevant employee, is responsible for managing the personal data protection program and is responsible for the development and promotion of end-to-end personal data protection policies, as defined in Data Protection Officer Job Description; 

The Legal Department/Counsel together with the Data Protection Officer, monitors and analyses personal data laws and changes to regulations, develops compliance requirements, and assists business departments in achieving their Personal data goals. 

Our Directors are collectively  responsible for: 

  • Ensuring all systems, services and equipment used for storing data meet acceptable security standards. 
  • Performing regular checks and scans to ensure security hardware and software is functioning properly. 
  • Approving any data protection statements attached to communications such as emails and letters. 
  • Addressing any data protection queries from journalists or media outlets like newspapers. 
  • Where necessary, working with the Data Protection Officer to ensure marketing initiatives abide by data protection principles. 
  • Improving all employees' awareness of user personal data protection. 
  • Organising Personal data protection expertise and awareness training for employees working with personal data. 
  • End-to-end employee personal data protection. It must ensure that employees' personal data is processed based on the employer's legitimate business purposes and necessity. 
  •  passing on personal data protection responsibilities to suppliers and improving suppliers' awareness levels of personal data protection as well as flow down personal data requirements to any third party a supplier they are using.

 

 

 

  1. Response to Personal Data Breach Incidents 

When ODC learns of a suspected or actual personal data breach, Our Data Protection Officer must perform an internal investigation and take appropriate remedial measures in a timely manner, according to the Data Breach Policy. Where there is any risk to the rights and freedoms of data subjects, ODC will notify the relevant data protection authorities without undue delay and, when possible, within 72 hours.  

 

  1.  Conflicts of Law 

This Policy is intended to comply with the laws and regulations in the place of establishment and of the countries in which [Name of ODC] operates. In the event of any conflict between this Policy and applicable laws and regulations, the latter shall prevail. 

 

  1.  Managing records kept on the basis of this document 

 

Record name 

Storage location 

Person responsible for storage 

Controls for record protection 

Retention time 

Data Subject Consent Forms 

[specify folder on ODC Intranet or the database in your information system] 

Data Protection Officer 

Only authorised persons may access the forms 

10 years 

Data Subject Consent Withdrawal Form 

[specify folder on ODC Intranet or the database in your information system] 

Data Protection Officer 

Only authorised persons may access the forms 

10 years 

Parental Consent Form 

[specify folder on ODC Intranet or the database in your information system] 

Data Protection Officer 

Only authorised persons may access the forms 

10 years 

Parental Consent Withdrawal Form 

[specify folder on ODC Intranet or the database in your information system] 

Data Protection Officer 

Only authorised persons may access the forms 

10 years 

Supplier Data Processing Agreements 

[specify folder on ODC Intranet] 

Data Protection Officer 

Only authorised persons may access the folder 

5 years after the agreement has expired 

Register of Privacy Notices 

[specify folder on ODC Intranet] 

Data Protection Officer 

Only authorised persons may access the folder 

Permanently