Cookie and GDPR / Data Protection Policies
Cookie and GDPR / Data Protection Policies
GENERAL DATA PROTECTION REGULATIONS / DATA PROTECTION POLICY
General Statement of Duties and Scope
Ferndale is required to process relevant personal data regarding members of staff and customers as part of its operation and shall take all reasonable steps to do so in accordance with this Policy.
Ferndale is not required to be registered with the Information Commissioners Office (ICO)
Data Protection Officer
Due to the nature of our business, we are not required to process large scale data classified within the special categories and therefore are not required to appoint a Data Protection Officer. The Managing Director of Ferndale will endeavour to ensure that all personal data is processed in compliance with this Policy and the Principles of the General Data Protection Regulation (GDPR). The Freedom of Information Act 2000 and the Protection of Freedoms Act 2012 are also relevant to parts of this policy.
Ferndale shall so far as is reasonably practicable comply with the Data Protection Principles (the Principles) contained in the GDPR to ensure all data is:-
• Fairly and lawfully processed
• Processed for a lawful purpose
• Adequate, relevant and not excessive
• Accurate and up to date
• Not kept for longer than necessary
• Processed in accordance with the data subject's rights
• Not transferred to other countries without adequate protection
• Data Subject
An individual who is the subject of the personal data.
• Personal Data
Personal data covers both facts and opinions about an individual where that data identifies an individual. For example, it includes information necessary for employment such as the member of staff’s name and address and details for payment of salary or an employees training records / exam results. Personal data may also include sensitive personal data as defined in the Act. The processing of sensitive data is only relevant to our employees and relates only to the information necessary to manage HR functions within the business i.e. return to work, sickness and absence records etc. Personal data regarding delegates will include, name, staff number, employer, date of birth, details of the course attended and their pass status.
• Processing of Personal Data
Consent may be required for the processing of personal data unless processing is necessary for the performance of the contract of employment. Any information which falls under the definition of personal data and is not otherwise exempt, will remain confidential and will only be disclosed to third parties with appropriate consent.
• Sensitive Personal Data
Ferndale may, from time to time, be required to process sensitive personal data. Sensitive personal data includes data relating to medical information and criminal records and proceedings. This will only be used for performing business HR functions.
• Business Data
Refers to the information required to conduct business operations. This will include contact names and addresses of clients, banking details, quotation and market intelligence / customer relationship management information. This data is gathered by ongoing business operations and consent for the storage of such data is implied by the data subject through the continuance / ongoing business transaction.
Right to opt out / destruction of information
Data subjects have the right to opt out of further correspondence with Ferndale and should do so by emailing [email protected] Furthermore, in some instances, a data subject may make a reasonable request that data held by Ferndale is destroyed. This request should be made in writing to [email protected]
Rights of Access to Information
Data subjects have the right of access to information held by Ferndale, subject to the provisions of the GDPR and the Freedom of Information Act 2000. Any data subject wishing to access their personal data should put their request in writing to the Managing Director. Ferndale will endeavour to respond to any such written requests as soon as is reasonably practicable and in any event, within the timescales stated within the GDPR. There will be an administration fee payable to Ferndale for the processing of this information.
Certain data is exempted from the provisions of the GDPR which includes the following:-
• National security and the prevention or detection of crime
• The assessment of any tax or duty
• Where the processing is necessary to exercise a right or obligation conferred or imposed by law upon the company, including the prevention of terrorism and radicalisation
Ferndale will endeavour to ensure that all personal data held in relation to all data subjects is accurate. Data subjects must notify the company of any changes to information held about them. Data subjects have the right in to request that inaccurate information about them is erased. This does not apply in all cases, for example, where records of mistakes or corrections are kept, or records which must be kept in the interests of all parties to which they apply.
If an individual believes that Ferndale has not complied with this Policy or acted otherwise than in accordance with the GDPR, the member of staff should utilise the company grievance procedure and should also notify the Managing Director.
Ferndale will take appropriate technical and organisational steps to ensure the security of personal data. All staff will be made aware of this policy and their duties under the GDPR. Ferndale and therefore all staff are required to respect the personal data and privacy of others and must ensure that appropriate protection and security measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to all personal data. An appropriate level of data security must be deployed for the type of data and the data processing being performed. In most cases, personal data must be stored in appropriate systems and be encrypted when transported offsite.
Ferndale will ensure that data processed by external processors, for example, service providers, Cloud services including storage, web sites etc. are compliant with this policy and the relevant legislation.
When data held in accordance with this policy is destroyed, it must be destroyed securely in accordance with best practice at the time of destruction.
Retention of Data
Ferndale may retain data for differing periods of time for different purposes as required by statute or best practices. Other statutory obligations, legal processes and enquiries may also necessitate the retention of certain data.
Employee personal data will be retained for 3 years past the last day of employment.
Delegate personal data will be retained for 3 years post qualification award date unless the qualification awarded has an expiry date in excess of this or mandated by the awarding body or delegate employer.
Business data will be retained for 7 years or as dictated by HMRC or other statutory body
Author: Managing Director
Date: 12 May 18
Review: 12 May 19