Privacy Policy
General Data Protection Regulation (UKGDPR)
1. Policy
Statement
This policy, and any other documents referred to in it,
sets out the basis on which we will process any personal data we collect.
This policy does not form part of any employee’s contract
of employment and may be amended at any time.
The Managing Director is responsible for ensuring
compliance with the Data Protection Requirements and with this policy. Any
questions about the operation of this policy or any concerns that the policy
has not been followed should be referred in the first instance to the Finance
Director or reported in line with the organisation’s Whistleblowing Policy or
Grievance Policy.
2. Review
Last Review date: October 2023
Next Review date: October 2024
3. About
This Policy
This policy, and any other documents referred to in it,
sets out the basis on which we will process any personal data we collect.
This policy does not form part of any employee’s contract
of employment and may be amended at any time.
The Managing Director is responsible for ensuring
compliance with the Data Protection Requirements and with this policy. Any
questions about the operation of this policy or any concerns that the policy
has not been followed should be referred in the first instance to the Finance
Director or reported in line with the organisation’s Whistleblowing Policy or
Grievance Policy.
4. What
is Personal Data?
Personal data means data (whether stored electronically or
paper based) relating to a living individual who can be identified directly or
indirectly from that data (or from that data and other information in our
possession).
Processing is any activity that involves use of personal
data. It includes obtaining, recording or holding the data, organising,
amending, retrieving, using, disclosing, erasing or destroying it. Processing
also includes transferring personal data to third parties.
Sensitive personal
data
includes personal data about a person’s racial
or ethnic origin, political opinions, religious or philosophical beliefs, trade
union membership, genetic, biometric, physical or mental health condition,
sexual orientation or sexual life. It can also include data about criminal
offences or convictions. Sensitive personal data can only be processed under
strict conditions, including with the consent of the individual.
5. Data
Protection Principles
Anyone processing personal data, must ensure that data is:
a.
Processed fairly,
lawfully and in a transparent manner.
b.
Collected for
specified, explicit and legitimate purposes and any further processing is
completed for a compatible purpose.
c.
Adequate, relevant
and limited to what is necessary for the intended purposes.
d.
Accurate, and where
necessary, kept up to date.
e.
Kept in a form
which permits identification for no longer than necessary for the intended
purposes.
f.
Processed in line
with the individual’s rights and 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.
g.
Not transferred to
people or organisations situated in countries without adequate protection and
without firstly having advised the individual.
6. Fair
and Lawful Processing
The Data Protection Requirements are not intended to
prevent the processing of personal data, but to ensure that it is done fairly
and without adversely affecting the rights of the individual.
In accordance with the Data Protection Requirements, we will only
process personal data where it is required for a lawful purpose. The lawful
purposes include (amongst others): whether the individual has given their
consent, the processing is necessary for performing a contract with the
individual, for compliance with a legal obligation, or for the legitimate
interest of the business. When sensitive personal data is being processed,
additional conditions must be met.
7. Processing
for Limited Purposes
In the course of our business, we may collect and process
the personal data set out in the Schedule 1. This may include data we receive directly
from a data subject (for example, by completing forms or by corresponding with
us by mail, phone, email or otherwise) and data we receive from other sources
(including, for example, location data, business partners, sub-contractors in
technical, payment and delivery services, credit reference agencies and
others).
We will only process personal data for the specific
purposes set out in the Schedule 1 or for any other purposes specifically
permitted by the Data Protection Requirements. We will notify those purposes to
the data subject when we first collect the data or as soon as possible
thereafter.
8. Notifying Individuals
If we collect personal data directly from an individual, we will inform them about:
a.
The purpose or
purposes for which we intend to process that personal data, as well as the
legal basis for the processing.
b.
Where we rely upon
the legitimate interests of the business to process personal data, the
legitimate interests pursued.
c.
The types of third
parties, if any, with which we will share or disclose that personal data.
d.
The fact that the
business intends to transfer personal data outside of the EEA or to a non-EEA
country or international organisation and the appropriate and suitable
safeguards in place.
e.
How individuals can
limit our use and disclosure of their personal data.
f.
Information about
the period that their information will be stored or the criteria used to
determine that period.
g.
Their right to
request from us as the controller access to and rectification or erasure of
personal data or restriction of processing.
h.
Their right to
object to processing and their right to data portability.
i.
Their right to
withdraw their consent at any time (if consent was given) without affecting the
lawfulness of the processing before the consent was withdrawn.
j.
The right to lodge
a complaint with the Information Commissioners Office.
k.
Other sources where
personal data regarding the individual originated from and whether it came from
publicly accessible sources.
l.
Whether the
provision of the personal data is a statutory or contractual requirement, or a
requirement necessary to enter into a contract, as well as whether the
individual is obliged to provide the personal data and any consequences of
failure to provide the data.
m.
The existence of
automated decision-making, including profiling and meaningful information about
the logic involved, as well as the significance and the envisaged consequences
of such processing for the individual.
If we receive personal data about an individual from
other sources, we will provide them with this information as soon as possible
(in addition to telling them about the categories of personal data concerned)
but at the latest within 1 month. An
example of where this may happen is where the ESFA may transfer learners to us.
We will also inform data subjects whose personal data we
process that we are the data controller with regard to that data and our
contact details are 01788 575090 and
who oversees data control compliance.
9. Adequate,
Relevant and Non-excessive Processing
We will only collect personal data to the extent that it
is required for the specific purpose notified to the data subject.
10. Accurate
Data
We will ensure that personal data we hold is accurate and
kept up to date. We will check the accuracy of any personal data at the point
of collection and at regular intervals afterwards. We will take all reasonable
steps to destroy or amend inaccurate or out-of-date data.
11. Timely
Processing
We will not keep personal data longer than is necessary
for the purpose or purposes for which it was collected. We will take all
reasonable steps to destroy, or erase from our systems, all data which is no
longer required, eg once a customer contract expires, will be removed from our records.
12. Processing
in line with Data Subject’s Rights
We will process all personal data in line with data subjects’ rights, in
particular their right to:
a.
Confirmation as to
whether or not personal data concerning the individual is being processed.
b.
Request access to
any data held about them by a data controller (see also Clause 15 Subject Access Requests).
c.
Request
rectification, erasure or restriction on processing of their personal data.
d.
Lodge a complaint
with a supervisory authority.
e.
Data portability.
f.
Object to
processing including for direct marketing.
g.
Not be subject to
automated decision making including profiling in certain circumstances.
h.
Require a quid
pro quo approach with all contracted customers in relation to any of the data
subject’s rights
13. Data Security
We will take appropriate security measures against
unlawful or unauthorised processing of personal data, and against the
accidental or unlawful destruction, damage, loss, alteration, unauthorised
disclosure of or access to personal data transmitted, stored or otherwise
processed.
We will put in place procedures and technologies to
maintain the security of all personal data from the point of the determination
of the means for processing and point of data collection to the point of
destruction. Personal data will only be transferred to a data processor if he
agrees to comply with those procedures and policies, or if he puts in place
adequate measures himself.
We will maintain data security by protecting the
confidentiality, integrity and availability of the personal data, defined as
follows:
a. Confidentiality means that only people who are authorised to use
the data can access it.
b. Integrity means that personal
data should be accurate and suitable for the purpose for which it is processed.
c. Availability means that authorised users should be able to
access the data if they need it for authorised purposes. Personal data should
therefore be stored on the Company’s central computer system instead of
individual PCs.
Security procedures include:
a. Entry controls. Any stranger seen
in reception areas should be attended to immediately.
b. Secure lockable desks and cupboards. Desks and cupboards
should be kept locked if they hold confidential information of any kind.
(Personal information is always considered confidential.)
c. Data minimisation.
d. Pseudonymisation and encryption of data. Please see Intec’s encryption guidance document.
e. Methods of disposal. Paper documents should be shredded. Digital
storage devices should be physically destroyed when they are no longer required
by HR.
f. Equipment. Staff must ensure
that individual monitors do not show confidential information to passers-by and
that they log off from their PC when it is left unattended. Password protection should be used for all
mobile devices.
Should data
protection protocols and systems be breached then an organisation may face
action from the Information Commissioners office. Depending on the nature of an
offence an organisation may be fined 2% of annual turnover or 10 million euros,
whichever is higher or 4% of turnover or up to 20 million euros, whichever is
higher.
14. Data Protection Officer (DPO)
Organisations that process a significant amount of personal
data require an individual to carry the responsibilities of a Data Protection
Officer. Terry Ivens – Finance Director carries the DPO responsibilities for
Intec. The responsibilities of Intec’s DPO are:
a. To
ensure all staff undertake relevant training and are kept updated on developments
within Data Protection.
b. To
undertake an annual audit on the effective application of Intec’s processes and
systems making recommendations for improvement.
c. To
oversee the internal investigation of any data protection breaches and produce
suitable recommendations.
d. To
act as a point of reference for any liaison with the Information Commissioners
Office.
e. To
assist, when necessary, all of our contracted customers with any compliance
audits.
f. To
report to all contracted customers any data breaches that occur within our
systems and to require a quid pro quo approach in this regard.
15. Subject Access Requests
Individuals must make a formal request for information we
hold about them. Employees who receive a request should forward it to Terry
Ivens – Finance Director/DPO immediately.
When receiving telephone enquiries, we will only disclose
personal data we hold on our systems if the following conditions are met:
a.
We will check the
caller’s identity to make sure that information is only given to a person who
is entitled to it.
b.
We will suggest
that the caller put their request in writing if we are not sure about the
caller’s identity and where their identity cannot be checked.
Where a request is made electronically, data will be
provided electronically where possible.
Our employees will refer a request to their line manager the
Finance Director/DPO who assesses data compliance for assistance in difficult
situations.
16. Changes
to this Policy
We reserve the right to change this policy at any time. Where appropriate, we will notify changes by mail or email.
SCHEDULE 1
DATA PROCESSING ACTIVITIES
|
Data
|
Lawful Basis
|
Recipient data is transferred to
|
Retention period
|
Reason for Processing Data
|
|
Learner
|
Consent
Contract
Legitimate Interest
|
Advanced
ESFA
City & Guilds
CMI
Highfield
APM
CIPD
DSW
Review Platforms – Trustpilot, Rate my Apprenticeship
|
5 Years
|
- Qualification Achievement
|
|
Employee
|
Consent
Contract
Legitimate Interest
|
People Pension
IT Supplier
Website Supplier
HMRC
|
5 Years
|
- Right to work in the UK
- HMRC
- Finance
- Employment Record
- Pension
- DBS
|
|
Apprenticeship Applicants
|
Consent
Legitimate Interest
|
Employer
|
5 Years
|
|
|
Software Training Delegates
|
Consent
Legitimate Interest
|
None
|
|
|
|
Job Applicants
|
Consent
Legitimate Interest
|
None
|
6 months (if direct applicants)
|
- Suitable location for role
- Suitability
|
|
Customers
|
Consent
Legitimate Interest
|
Advanced
ESFA
City & Guilds
CMI
Highfield
APM
CIPD
DSW
Review Platforms – Trustpilot, Rate my Apprenticeship
|
Length of contract.
|
- Processing of Learner funding
|
|
Prospective Customers
|
Legitimate Interest
|
None
|
Indefinite (Cleansed ahead of awareness campaign)
|
|
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