Collection of personal information
In the course of its business, Hearts of London (Group) Ltd (HoL) needs to gather and use certain information about individuals. This will include clients, suppliers and other business contacts, and employees and prospective employees, as well as other people that we have a relationship with, may need to contact, or with whom we need to deal.
This policy describes how this personal data is collected, processed, transferred, handled and stored in order to meet the requirements of data protection law, in particular the General Data Protection Regulation (GDPR). We recognise that, not only must we comply with the principles of fair processing of personal data, we must also be able to demonstrate that we have done so. The procedures and principles set out below must be followed at all times by the Firm, its employees and all those within its scope as set out below.
Why this policy existsThis Policy provides help and guidance to our staff and managers in:
- complying with data protection law and following good practice
- protecting the rights of staff, clients, and business contacts
- being open about how we use personal data and how we store it
- protecting HoL against the risks of both inadvertent and intentional data breaches
Scope of the policy
The Policy applies to all employees and contractors who are provided with access to any of our files and/or computer systems. Collectively these individuals are hereafter referred to as 'users'. All users have responsibility for complying with the terms of this Policy.
Data protection law - GDPR
The GDPR regulates how organisations must collect, handle and store personal data. Personal data is any information relating to an identified or identifiable living individual. It is information which enables that person to be identified, directly or indirectly, and may include their name, address, telephone number(s), email address(es), age, location data, or online and biometric identifiers.
What does the law say?
The GDPR contains a number of key principles which apply to the collection and processing of personal data and which underpin everything that follows. See the key principles below.
Lawfulness, fairness and transparency
Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject
Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes
Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed
Personal data shall be accurate and, where necessary, kept up to date
Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed
Integrity and confidentiality
Personal data shall be processed 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
The controller shall be responsible for, and be able to demonstrate compliance with the GDPR
The Directors are ultimately collectively responsible for ensuring that HOL meets its legal obligations and that this Policy is followed
The Data Protection Officer is responsible for:
- keeping the Senior Leadership Team updated about data protection responsibilities, risks and issues
- reviewing all data protection procedures and related policies, in line with an agreed schedule
- arranging relevant data protection training
- handling data protection queries from staff and contractors
- dealing with requests from anyone whose data we hold for access to that data
- checking and approving any contracts or agreements with third parties that may handle our personal data
- checking and approving any contracts or agreements with third parties whose personal data we may handle
- ensuring that policies on processing, retention, storage and deletion of data are adhered to and relevant documentation is maintained to evidence compliance
The IT Manager is responsible for:
- ensuring that all systems, services and equipment used for storing data meet acceptable security standards
- performing regular checks to ensure that security hardware and software is functioning properly
- evaluating any third-party services HoL is considering using to store or process data. For example, cloud computing service
The Marketing Director is responsible for:
- approving any data protection statements attached to communications such as emails and letters
- where necessary working with other staff to ensure marketing initiatives are compliant with data protection principles
- ensuring that records of consents and withdrawal of consents to marketing are maintained.
Lawful, fair and transparent data processing
We are responsible for ensuring that any personal data we hold is processed in accordance with the principles laid out above. We are permitted to process data where one of the following legal bases applies:
- the data subject has given their consent.
- the processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering a contract with them
- the processing is necessary for compliance with a legal obligation to which the data controller is subject.
- the processing is necessary to protect the vital interests of the data subject or another natural person. An example of this might be where we pass on information to the next of kin of an employee who is gravely ill
Other personal data
HoL will adhere to the following principles:
- HoL collects and processes the personal data set out in H01-H05 below, this includes:
- personal data obtained directly from customers
- personal data obtained from staff
- personal data obtained from suppliers
- HOL only collects processes and holds personal data for the specific purposes set out in H01-H05 below,
- We keep data subjects informed of the purpose for which we process their personal data
- Where personal data will be disclosed to third parties, we will only do so where we are legally required to do so, eg to HMRC or to money laundering authorities. We do not share data with third party organisations for marketing purposes
- We will only collect and process personal data for and to the extent necessary for those specified purpose(s)
- In respect of personal data that we collect and process, we will
- keep it accurate and up to date
- grant the data subject the right to rectify any inaccurate data in accordance with their right to do so
- regularly check the data and ensure that all reasonable steps are taken to promptly rectify or delete any mistakes or inaccuracies as appropriate
- not keep personal data any longer than is necessary bearing in mind the purpose(s) for which it was collected
- take all reasonable steps to delete or dispose any data which is no longer required promptly
- take measures to ensure the security of the data in line with the measures set out below
Accountability and record keeping
HoL will keep electronic internal records of all personal data collection, holding and processing, and this will incorporate the following:
- name and details of employees, customers and suppliers
- the purposes for which HoL collects, holds and processes personal data
- details of the categories of personal data collected, held by HoL and the categories of data subject to which the data relates
- details of the retention policy
- detailed descriptions of all technical and organisational measures taken by HoL to ensure the security of personal data.
Privacy by design – data impact assessments
Part of our duty is to ensure that in the planning of new processes or procedures which involve the use of personal data, we consider the impact of the changes and ensure that we have fully considered and complied with our obligations under the GDPR. We will always ensure that all such changes are designed and implemented in accordance with the Regulation, and that the DPO is consulted and their recommendations are taken into account in the planning and introduction of such changes.
In any situation where new technologies are being deployed and the processing of the personal data is likely to result in a high risk to the data subjects’ rights and freedoms under the Regulation, we will carry out a Data Impact Assessment, overseen by the DPO. This will deal with:
- the type(s) of personal data that will be collected, held and processed
- the purpose for which it is to be used
- the Firm’s objectives in processing this data and making this innovation
- how the personal data is to be used
- internal and external parties to be consulted
- why we need the data and how the collection of the data is proportionate to our need for it
- what risks there are for data subjects
- what risks the Firm runs, and
- what measures we are proposing to minimise and protect against the risks.
Providing information to data subjects
We are required to ensure that, when we collect and process personal data, the data subject is aware of the purposes for which this is being done, and what is happening to the data. We therefore will ensure that the following principles are followed:
- Where we collect personal data directly from the data subject, we will inform them of the purpose for which it is being collected if requested
- All data subjects will be provided with the following information:
- details of HoL including the name of the DPO
- why the data is being collected and processed, and the legal basis for this
- details of data retention if requested
- details of the data subject’s rights
- under GDPR
- to withdraw consent to processing at any time
- to complain to the Information Commissioner’s Office (ICO)
- details of any legal or contractual requirement which means that HoL needs to collect this information and process it
- details of any automated decision making or profiling that will take place using personal data, how the decisions will be made and their consequences
Data subject access
‘Subject Access Requests’ (SARs), can be made by data subjects where an organisation holds personal data about them. This can be done at any time, and the requests are made in order for the data subject to find out what data is being held, and what is being done with it
- such requests need to be made by the data subject in writing
- they should be addressed to the DPO, who will deal with the request
- HoL will usually respond to them within one month, but we may need to extend it for a period of up to a further two months if it is a complex request or there are multiple requests. In that situation, the data subject(s) will be informed.
- HoL will not charge the data subject any fee for responding to the SAR, unless the subject is asking for multiple copies of data already supplied or unless the request is manifestly unfounded or excessive.
Rectification of personal data
Where a data subject informs us that data we are holding about them is inaccurate or incomplete and requests that it is corrected, we will rectify the information and inform the data subject that we have done so, within one month of the request. Again, in complex cases, we may extend that period by up to two months.
Where the incorrect data is held by third parties to whom it has been disclosed, we will ensure that they are informed and that the data that they hold is rectified.
Erasure of personal data
Data subjects have a right to require the Firm to erase personal data held about them when:
- the Firm no longer needs the data it is holding for the purposes for which it was originally collected
- the data subject wishes to withdraw their consent to the Firm holding and processing the data
- the data subject objects to the Firm holding and processing the data, and there is no overriding legitimate interest which allows us to continue to do so
- the personal data has been processed unlawfully
- the personal data needs to be erased in order for the Firm to comply with a particular legal obligation.
Where we are obliged to do so, we will erase the information and inform the data subject that we have done so, within one month of the request. Again, in complex cases, we may extend that period by up to two months, and again where the data is held by third parties to whom it has been disclosed, we will ensure that they are informed and that the data that they hold is erased.
Restriction of personal data processing
Data Subjects have a right to request that the Firm ceases to process any personal data that we are holding about them. If that takes place, we will only retain whatever personal data we need to ensure that no further processing takes place
Objections to personal data processing
Data subjects have a right to object to us processing their personal data based on our legitimate interests or for direct marketing purposes. Where the data subject notifies us of their objection, we will cease such processing immediately unless our legitimate interests override those of the data subject, or unless we need to continue to process the data in conducting a legal claim. Where the data subject is objecting to direct marketing, we will cease to use the data for this purpose immediately.
Personal data, collected, held and processed
Type of Data
Personal details of employees, such as names, addresses, contact details, age, sex etc
The administration of employment contracts
Personal details of clients, such as names addresses, contact details
To communicate in relation to their purchase of our goods i.e. specific product queries and collection dates
To market our services to clients, in accordance with the GDPR
Education and Training details of our prospective employees, employees and contractors
Collected in the course of recruitment with a view to selection, and maintained to track their career progression
Financial Details of employees and contractors ie matters related to income and payroll, tax details, expenses claimed, pensions
Collected and maintained in order to ensure timely and accurate payment of staff, and proper accounting for tax purposes
Personal details of suppliers such as names addresses, contact details
To communicate in relation to our purchase of their goods or services
Data Storage and General Security
- all electronic copies of personal data are stored securely using privilege levels and passwords
- regular password changes will be enforced and the number of logins will be restricted
- passwords are never be written down or shared between any employees, agents, contractors or other persons working on behalf of HoL, no matter what their level of seniority.
- computer equipment belonging to HoL will be sited in a secure location within the office and in a position where they cannot be viewed by members of the public
- computer terminals must not be left unattended, and should be logged off at the end of the session
- personal data is backed up daily and is stored offsite and where appropriate is encrypted
- all software is kept up to date and it shall be iSOS who are responsible for ensuring that all security-related updates are installed promptly, unless there are valid technical reasons for not doing so
- no software is installed on the HoL system without the prior approval of the Managing Director
- personal data should not be stored on any mobile device such as laptops, tablets and smartphones without the approval of the DPO and, where it is held, only in accordance with his or her instructions and limitations
- personal data must never be transferred on to an employee’s personal device and we will never transfer such data onto a device owned by a contractor or agent unless they have agreed to comply fully with the letter and spirit of this Policy and with the GDPR
- computer print outs containing personal information should be destroyed without delay
- where personal data is to be erased, or otherwise disposed of, this will be done in accordance with the Data Retention Policy.
Access to personal data
In relation to accessing personal data:
- employees must never access data either on a computer or in paper form, without having authority to do so
- personal data must not be shared informally and if an employee, agent, contractor, or any other third party wants access to the data, it must be formally requested from the DPO
- personal data must be handled with care, and should not be left unattended or in view of unauthorised employees, contractors or agents whether on paper or on a screen
- where personal data held by HoL is being used for internal marketing purposes, it is the responsibility of the sales staff to ensure that appropriate consents are obtained.
The Firm will take the following steps in relation to the collection, holding and processing of personal data:
- all employees, contactors or other parties working on our behalf will be made fully aware of their individual responsibilities, and the responsibilities of the Firm, in relation to data privacy and the GDPR and they will be provided with a copy of this Policy
- in respect of these individuals and of personal data held by HoL
- only those persons who need access to particular personal data in order to complete their assigned duties will be granted such access
- all persons will be appropriately trained and supervised in handling personal data
- all persons will be encouraged to exercise caution in discussing work related matters within the workplace
- our methods of collecting, holding and processing data will be regularly evaluated and reviewed and the personal data held by HoL will be reviewed periodically, as set out in our Data Retention Policy
- we will keep the performance of our contractors under review and, not only will we ensure that they are required to handle personal data in accordance with the GDPR and our Policy, but we will also ensure that they are held to the same standards as our own employees both contractually and in practice
- where any contractor fails in their obligations under this Policy, we will ensure that they are required to indemnify us for costs, losses, damages or claims which may arise as a result.
Data breach notification
All personal data breaches must be reported immediately to the DPO.
If such a breach occurs, and it is likely to result in a risk to the rights and freedoms of data subjects eg financial loss, breach of confidentiality, reputational damage, the DPO is required to ensure that the ICO is informed without delay and, in any event, within 72 hours of the breach.
Where the breach is likely to result in a high risk to the rights and freedoms of data subjects, the DPO also needs to ensure that the data subjects affected by the breach are informed directly and without undue delay. The following information must be provided:
- the categories and approximate numbers of data subjects affected
- the categories and approximate numbers of personal data records concerned
- the name and contact details of the Firm’s DPO
- the likely consequences of the breach
- details of the measures taken, or proposed, to deal with the consequences of the breach.
Implementation of the policy
This Policy is effective as of 30 May 2018. No part of the Policy is retrospective in effect and applies to matters occurring on or after 25th May 2018.